Construction Defects: Balcony and Deck Defects

July 17, 2024

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Construction Defects: Balcony and Deck Defects

Balconies and decks are cherished features in many homes, offering a connection to the outdoors and a valuable extension of living space. Unfortunately, improper construction can turn these cherished features into safety hazards and sources of significant financial burden. Leaks, structural instability, and other construction defects can lead to water damage, mold growth, diminished property value, and even the potential for collapse.

This guide explores how a construction defect attorney would handle a case involving balcony or deck defects. We’ll delve into the investigation process, identifying liable parties, strategies for resolving the issue, and what you can expect from your legal representation.

The Investigation: Identifying the Root Cause

A thorough investigation is the cornerstone of a strong construction defect case. Your attorney will work diligently to understand the source of the problems plaguing your balcony or deck. This investigation involves several crucial steps:

Reviewing Building Plans and Permits: The first step is to examine the blueprints and permits for your home. This allows the attorney to verify if the balcony or deck was designed and constructed in accordance with building codes and engineering specifications. Any discrepancies between the plans and the actual construction can be significant evidence of negligence.
Engaging a Qualified Inspector: A licensed structural engineer or a qualified inspector specializing in building envelope issues will be brought in to conduct a thorough inspection of the balcony or deck. The inspector will meticulously examine the structure, looking for specific defects like:
Improper Drainage: Balconies and decks require proper slopes and drainage systems to prevent water from pooling and infiltrating the underlying structure. The inspector will assess the drainage system for any deficiencies, such as improper pitch, clogged drains, or lack of flashing around the perimeter.
Faulty Waterproofing: Waterproofing membranes are crucial for balconies and decks to prevent moisture intrusion. The inspector will check for any issues with the waterproofing material itself, such as tears, punctures, or improper installation.
Insufficient Support Structures: Balcony and deck support systems need to be strong enough to bear their weight and the weight of occupants and furniture. The inspector will assess the beams, joists, and other structural elements for any signs of weakness or inadequate design.
Use of Faulty Materials: Sometimes, problems can arise from the material used in construction. The inspector will check for issues like rotting wood, cracked concrete, or substandard fasteners that contribute to the defects.
Documentation Gathering: Throughout the investigation, the inspector will compile detailed documentation of their findings. This documentation typically includes:
Photos: High-resolution photos capturing the overall condition of the balcony or deck, specific defects identified, and any damage caused by the defects (e.g., water damage, mold growth).
Videos: Videos can be particularly helpful in showcasing the extent of the damage, especially issues with leaking or structural deficiencies.
Inspection Report: The inspector will prepare a comprehensive report outlining their findings, the identified defects, and their professional opinion on the cause of the problems.
Understanding the Consequences:

Balcony and deck defects can have significant consequences for your property and your well-being. Here are some of the potential problems you might face:

Water Damage: Leaks from improperly drained or inadequately waterproofed balconies or decks can lead to extensive water damage. This can manifest as water stains on ceilings and walls, rotting floor joists, and damaged finishes. Mold growth is a serious health hazard and often follows water intrusion.
Structural Instability: Structural deficiencies in the balcony or deck can compromise its safety and stability. This can range from minor sagging to the possibility of a complete collapse, posing a serious risk to occupants and anyone below.
Limited Enjoyment: A defective balcony or deck becomes an unusable and potentially hazardous space. This significantly diminishes the value and functionality of your home, affecting your ability to enjoy the outdoors.
Financial Strain: Repairing balcony or deck defects can be a significant financial burden. Aside from the repairs themselves, you might also face additional costs for mold remediation, replacing damaged finishes, and potential devaluation of your property.

Identifying the Liable Parties

Once the investigation reveals the construction defects, the next crucial step is identifying the parties responsible for them. This can involve several potential parties:

Builder: The construction company that built your home bears the primary responsibility for ensuring the balcony or deck meets all building codes and is structurally sound. If negligence or deviations from approved plans led to the defects, the builder might be held liable.
Subcontractors: Contractors responsible for specific aspects of the balcony or deck construction, such as framing, waterproofing, or drainage, might be liable if their work did not adhere to industry standards or plans.

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