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Sometimes it’s the construction defect claims that are materially deficient



Recently, Guardian’s Construction Defect Group was called in by the law firm representing a developer in Coral Gables, Florida. The developer had constructed a large, high-end condominium complex, but now the homeowner’s association was suing, claiming all manner of construction defects. Chief among the HOA’s concerns were the exterior coating on the building and the pool decks. Allegations included everything from an incorrect choice of material to improper installation of the coating system applied.


Upon retention by the insurance carrier and law firm, one of Guardian’s forensic engineers reviewed construction plans and specifications, visited the property, and conducted a thorough inspection. A highly experienced defect specialist in coatings and materials observed no consequential damages associated with the plaintiff’s allegations. Water was not entering the structure or bypassing the waterproof barriers in these locations. What the Guardian expert did observe was measuring techniques by the plaintiff’s expert that lacked any scientific basis, thus rendering the claims of improper coating thickness moot. Guardian’s expert also noted a number of divots in the large stone pavers utilized on the pool deck.


Considering this lawsuit to be bordering on the nuisance variety, Guardian’s expert defended the developer with vigor. With regards to the material used on a portion of the building’s exterior and the pool deck, claims that the material was inappropriate for exterior use completely disregard the history of the town the project is located in. The city of Coral Gables gets it name from a locally sourced stone which was formed from ancient coral beds. You can see this material in abundance throughout the city, and this was the same material used on the building’s exterior. It was quite the bold choice by the plaintiff’s expert to claim a material inappropriate which quite literally was used to construct the city it was named after. As for the divots observed in the pool deck this was the result of aggressive use of chemicals and pressure washing which was eroding the stone. As for the coating discussed already, testing by plaintiffs was inaccurate. Guardian’s experts found the coating to be installed properly and performing well. Ultimately, the settlement reached saved the carrier millions of dollars.


Guardian provides carriers and their counsel the forensic findings of fact they need to resolve their construction defect cases quickly, fairly, and confidently. From case and claim investigations to complete litigation support, where others may falter Guardian’s Construction Defect Group delivers. With an over 30-year reputation for construction and engineering expertise, responsiveness, problem-solving, and professionalism, Guardian Group stands ready to support you. Kindly call on our experts today.

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