Phoenix, AZ commercial litigation attorney Marcus Tappe talks about kinds of construction litigation cases he handles.
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Construction defect litigation and the normal case that I handle is when a homeowner gives a notice of claim and then sues or sends a demand for arbitration to the builder or developer of the home. From there, since the homeowner does not have direct privity with the subcontractors that built the home, and I represent the home builder, I bring in the subcontractors, once I’ve evaluated the case and determined what subcontractors are potentially liable for the defects that the homeowner is complaining of, and then bring the subcontractors in on a third-party complaint or interplead them into the proceeding if it’s in arbitration.
And so you’ve got kind of a three-party system where you’ve got the homeowners, you’ve got the builder and developer, and then you’ve got the subcontractors all trying to figure out whether or not the defect alligations are legitimate and then what you should do about those conditions that appear in the home and how to address damage, property damage that the homeowners experienced and whether or not that damage is going to manifest again in the future.