For the homeowner, the construction defects claims process commences with the identification of a defect. In some instances, a homeowner may promptly seek legal assistance, while in other cases, they may first collaborate with a contractor without success before turning to legal counsel.
At times, homeowners hire their own experts. It is crucial to engage the appropriate experts early in this phase, if possible. Frequently, homeowners approach a lawyer only after consulting multiple experts, leaving the attorney bound by those opinions. The term "bound" implies that while an attorney can enlist a second expert with whom they are more familiar, unless the initial reports or opinions are protected from the second expert, they become discoverable. Consequently, the second expert may have to contend with a potential loss of credibility arising from any differing opinions.
Alternatively, homeowners may be unaware of additional areas of recoverable damages that warrant the hiring of another expert. Therefore, early attorney involvement is instrumental in ensuring that the right experts are retained for the homeowner during the investigative phase.