Construction defect litigation involves complex issues of law and fact to establish whether damages are attributable to faulty workmanship.  In, Wilson v. Woodfields at Princeton Highlands, a  pro se plaintiff learned that her claims of water infiltration and shoddy workmanship were not sufficient to prove her case against the contractors who built her home.

The plaintiff testified about flooded basement events, musty smells,  and muddy residues.  She brought in expert witnesses who testified that the construction of the home over shallow groundwater, grading around the home, a blocked drainage pipe and other construction defects were the cause of her problems.  However, the judge (in a bench trial) was not persuaded by any of her evidence.

The defense was able to chip away at the credibility of plaintiff and her witnesses. Significantly, they showed inconsistencies in her testimony about when she first noticed water problems and confronted her with documentation that contradicted her testimony.  The defense pointed out that an expert mistakenly referred to radon pipe as a drainage pipe – and this poisoned other experts who relied upon his opinions.

On the other hand, the judge was particularly swayed by the fact that the building department had inspected and approved the construction as compliant with codes and the plans and blueprints.  While the Court did not establish a presumption per se, it found that the defendant’s evidence that the municipality issued a Certificate of Occupancy for plaintiff’s home compelling enough to establish that there were no defects prior to the sale.

When faced with the defendant’s expert testimony supported by the fact that the town issued a certificate of occupancy, the Appellate Division held that the plaintiff did not present sufficient evidence to disturb the trial court’s dismissal of the claim. In the end, the plaintiff just did not present enough credible proofs and could not overcome the compelling proofs offered by the defense.

Thanks to Ann Marie Murzin for her contribution.

For more information, contact Denise Fontana Ricci at .