|
CONSTRUCTION DEFECTS
Many times, defects in construction are hidden and do not become apparent for some period of time. For
example, a homeowner usually has no way of knowing what really lies behind drywall short of tearing a hole in the drywall to take a look.
The law protects homeowners from shoddy construction, even if it does not become apparent for years.
However, once you become aware of a problem, or once you even suspect a problem, swift action is required by the law. Do not hesitate to contact us. |
|
DOUGLAS A. BARKER, P.A.
ATTORNEY AT LAW
|
|
|
|
SYNTHETIC STUCCO (EIFS) CLAIMS
Synthetic stucco, commonly known in the construction industry as
EIFS (an acronym for Exterior Insulation and Finish Systems, and pronounced "eefs"), is the subject of many law suits resulting from its failure as an exterior wall. Typical synthetic stucco failure results in water intruding into the exterior wall with resulting hidden structural damage, often quite extensive.
Synthetic stucco has been marketed in the United States for about 25
years, and it has been used extensively in homes built in South Carolina for at least the last 15 years. It has been marketed as durable, attractive, and lower cost than traditional stucco. In the Lowcountry, synthetic stucco has been used extensively as it lends itself to traditional Lowcountry architecture.
Synthetic stucco walls generally consist of an underlying wall
surface, typically plywood; an insulation board which is attached to the underlying wall surface; reinforcing fiberglass mesh; and finally, a finish coat available in many colors and textures.
When synthetic stucco fails as a water barrier, a primary function of
an exterior wall, water becomes trapped behind the insulation board and saturates the underlying surface and structural members. Water can even intrude to the interior drywall, appearing as water stains. Most typically, water intrusion damage first becomes apparent underneath and around the exterior of windows, but it may manifest in any number of ways.
Our goal with synthetic stucco claims is to protect the homeowner's
investment in his or her home. Recovery for repairs can be had against a number of entities, including the general contractor who built the home, the synthetic stucco manufacturer, and the subcontractor who applied the synthetic stucco to the home.
As with other legal claims, there are various statutes of limitations,
meaning that swift action is essential. If you are experiencing a problem, or even suspect a problem, contact us immediately. |
|
HURRICANE DAMAGE
Hurricanes are becoming more common, and the typical damage inflicted is increasing. Following Hurricane
Hugo's devastating visit to Charleston and surrounding areas, many lawsuits resulted between homeowners and their insurance companies over denied claims and the reasonableness of settlement offers. Even many homeowners who settled their claims were dissatisfied with the amount.
Before you settle your claim for storm damage, consult an attorney to make sure you are getting everything you
are entitled to. You may feel pressured to accept a quick settlement so that you can begin needed repairs, to put the matter behind you, or because your claims adjuster will be available for only a short time. Slow down. You only get one chance to get all that you should, so be sure that you get it right the first time. We can help.
Damage can be caused by wind, storm surge, or both. Storm surge is the least discussed aspect of a
hurricane, yet it is responsible for 9 out of every 10 deaths caused by hurricanes. Storm surge is the dome of water pushed ahead of the hurricane's eye, and can be as wide as 100 miles or more. During Hugo, while the storm's eye came ashore at Charleston, the storm surge caused extreme damage in McClellanville, 35 miles to the north.
Of course, the primary concern during the hurricane is personal safety. For information on safety and other
concerns, the best source I have seen is www.redcross.org/disaster/safety/hurrican.html.
To protect your legal rights to an insurance recovery for property damage, however, documentation is most
helpful. Keep a written household inventory, as well as a photographic and/or videotaped inventory. The simplest and most useful method, if you have a video camera, is to videotape your home and its surroundings, along with the contents. In this way, your narration can accompany the videotaped record of your property.
But the best photographs or videotape are of no use if they are destroyed in the hurricane! Therefore,
safeguard any photographs or videotape by storing them in a safe deposit box or taking them with you upon evacuation. |
|
CONTRACTOR LIABILITY
Contractor liability includes construction defects and synthetic stucco claims otherwise addressed in this
website. However, contractor liability also includes many other aspects of construction law, including breaches of contract, cost overruns, excessive or fraudulent change orders, and other related matters. |
|
CONDEMNATION
Condemnation actions are initiated by the city, county, state or federal governments to take an individual's
property "for the public good." The property owner is entitled to fair compensation for this taking, but all too often, lowball offers are made by the government and the individual property owner mistakenly believes that he or she has no recourse but to accept the government's low offer.
Condemnation actions really are like any other real estate transaction, meaning that negotiation is possible
and legal action can be taken. |
|
Synthetic Stucco (EIFS) Claims
Hurricane Damage
Construction Defects
Contractor Liability
Condemnation
|
|
Douglas Barker, P.A. | Homeowners | Personal Injury | Family Law | Business Law | Firm Philosophy | Biography | Contact Us
|
|
This page last modified on August 21, 2004
|