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Construction Defect

Construction Barriers

The lawyers at FHMS have represented a wide range of insured and self-insured entities in construction defect matters. Our clients have included general contractors, sub-contractors, construction managers, developers and property owners, among others. We have handled the cases involving both commercial and residential properties. Cases have alleged a wide range of defects including, defective roofing materials, defective stucco and significant design flaw cases. We deal routinely with risk transfer and indemnity issues that are frequently in dispute in CD cases.

The firm regularly represents clients in actions which can involve a multitude of separate claims arising from a single residential development. We are well-versed in the nuances of the codes and customs applicable to commercial and residential construction.

Greg Hirtzel obtained Summary Judgment in favor of a warehouse roof panel manufacturer and installer in a multi-million dollar construction defect claim where it was alleged that the roof of plaintiff’s distribution center collapsed under the weight of snow and ice. Mr. Hirtzel rejected the indemnity/defense tenders of the owner and design professionals and brokered a stay of the civil action after the warehouse operations manager removed claims against it to binding arbitration pursuant to the terms of its contract with the plaintiff, the owner of the distribution center. Summary Judgment was then granted as to all claims and cross claims against our client based on collateral estoppel and res judicata after a finding of liability against the warehouse operations manager at arbitration.

  • Gregory S. Hirtzel: Summary judgment in favor of warehouse roof panel manufacturer and installer in multi-million dollar construction defect case where it was alleged the roof of Plaintiff’s Distribution Center collapsed under the weight of snow and ice. Rejected the indemnity/defense tenders of owner and design professional and brokered a stay of the civil action after Warehouse Operations Manager removed claims against it to binding arbitration pursuant to the terms of its contract with the Plaintiff – Distribution Center owner. Summary judgment was then granted as to all claims and cross claims against client based upon collateral estoppel and res judicata after a finding of liability against Warehouse Operations Manager at arbitration.