Do I Have a Case?
Get an immediate engineering perspective on your construction defect or system failure matter — benchmarked against industry standards and jurisdiction-specific requirements.
Start Your AssessmentWhat This Assessment Covers
Construction defect and mechanical system failure claims hinge on engineering fundamentals: whether a system failed prematurely, whether the failure is attributable to a specific defect, and whether the evidence supports that conclusion under the applicable standard of proof.
Our preliminary assessment evaluates your matter across three dimensions that determine case viability from an engineering perspective:
Technical Merit
System age relative to ASHRAE expected useful life. Failure-mode consistency with the claimed defect type. Whether the timeline of failure aligns with established engineering patterns for design, installation, or manufacturing defects.
Documentation Strength
Availability of construction documents, maintenance records, inspection reports, and photographic evidence. Whether the physical evidence has been preserved or whether spoliation risk exists due to repairs or replacement.
Jurisdictional Factors
State-specific statutes of limitation and repose. Pre-litigation notice requirements (Arizona right-to-repair, California SB 800, Florida Chapter 558, Texas RCLA). Applicable expert testimony standards — Daubert, Frye, or modified approaches.
What Makes a Strong Construction Defect Case
After three decades of forensic investigations in HVAC, plumbing, and mechanical systems, the cases that succeed share common engineering characteristics. Understanding these factors before retaining an expert helps attorneys allocate resources effectively and set realistic expectations.
Premature Failure Within Useful Life
The strongest cases involve systems that failed well before their expected service life. ASHRAE publishes expected useful-life data for every major building system — from 12–20 years for residential HVAC to 40–70 years for copper piping. A commercial rooftop unit that fails at year 4 tells a fundamentally different engineering story than one that fails at year 22. Our assessment benchmarks your system's age against published industry standards.
Preserved Physical Evidence
The single most important factor in forensic engineering analysis is access to the failed system in its failure condition. Once a system is repaired or replaced, the physical evidence that establishes root cause may be permanently lost. If repairs have already occurred, the case isn't necessarily lost — but the evidentiary path changes significantly. Repair records, pre-repair photographs, and retained components become critical.
Consistent Failure Pattern
Design defects typically present within the first 1–5 years of operation. Installation defects follow a similar timeline. Manufacturing defects often appear earlier — within the first 1–3 years. When the age of failure aligns with the claimed defect category, the engineering narrative is stronger. When it doesn't, an expert needs to explain why, and opposing counsel will challenge that explanation.
Adequate Documentation
Expert testimony is built on evidence. Construction documents establish what was specified. Maintenance records show whether the system was properly maintained. Inspection reports and photographs document the failure condition. The more documentation available, the stronger the foundation for expert opinions — and the harder it is for opposing counsel to challenge methodology under Daubert or Frye.
How We Evaluate Technical Merit
LaRovere Consulting's forensic engineers follow a systematic methodology developed over thousands of investigations. This assessment tool applies the same evaluation framework in abbreviated form — giving you an immediate read on case viability before committing to a formal engagement.
The assessment incorporates ASHRAE equipment life-expectancy data, SMACNA duct construction standards, International Plumbing Code and International Mechanical Code compliance benchmarks, and state-specific building code requirements. It cross-references the reported failure against established failure-mode timelines and evaluates documentation completeness against the evidentiary standards expert testimony demands.
This is not a substitute for a retained expert's investigation. A full forensic engagement includes site inspection, system testing, document analysis, and a formal engineering report. But this preliminary review helps attorneys make an informed decision about whether that investment is warranted for a given matter.
Jurisdiction-Specific Considerations
Construction defect litigation is heavily influenced by state law. The following jurisdictions have specific requirements that affect case strategy and timing:
| State | SOL | Repose | Pre-Suit Notice | Expert Standard |
|---|---|---|---|---|
| Arizona | 2 yr | 8 yr | Required (ARS §12-1361) | Daubert |
| California | 4 yr | 10 yr | Required (SB 800) | Daubert |
| Colorado | 2 yr | 6 yr | Required (CRS §13-20-803.5) | Modified Daubert |
| Florida | 4 yr | 10 yr | Required (Ch. 558) | Daubert |
| Nevada | 6 yr | 10 yr | Required (NRS Ch. 40) | Daubert |
| New York | 6 yr | 10 yr | Not required | Frye |
| North Carolina | 3 yr | 6 yr | Not required | Daubert |
| Ohio | 2 yr | 10 yr | Not required | Daubert |
| Texas | 2 yr | 10 yr | Required (RCLA Ch. 27) | Daubert |
| Utah | 2 yr | 6 yr | Required (§78B-4-513) | Daubert |
SOL = Statute of Limitations from discovery. Repose = maximum time from substantial completion. Pre-suit notice requirements vary by claim type; consult legal counsel for applicability to your matter. LaRovere Consulting serves all 50 states — view all service areas.
Start Your Free Assessment
The preliminary assessment provided through this tool is intended solely as an initial engineering perspective for informational purposes. It does not constitute legal advice, a formal expert report, or a professional engineering opinion of record.
No expert-client relationship, attorney-client relationship, or consulting engagement is created by use of this tool. The assessment is generated using automated analysis based on limited, self-reported information and has not been reviewed by a licensed professional engineer at the time of delivery.
Formal case evaluation requires document review, and in most cases, physical inspection of the systems and conditions at issue. Do not make litigation, settlement, or evidence-preservation decisions based solely on this preliminary assessment.
LaRovere Consulting, LLC expressly disclaims any liability arising from reliance on the information provided herein. All matters involving potential construction defects, system failures, or property damage should be evaluated by a retained expert and qualified legal counsel.
By submitting information through this tool, you acknowledge that you have read and agree to these terms.
Generating Your Assessment
Evaluating technical merit, documentation strength, and jurisdictional factors...
Engineering Viability Summary
Strengths
Risk Factors
Detailed Factors
Detailed Engineering Assessment
To discuss this assessment or schedule a formal engagement:
Frequently Asked Questions
How long does the preliminary assessment take?
The initial viability score appears instantly. The detailed engineering assessment typically generates within 15–20 seconds. A copy is also emailed to you for your records.
Is this a formal expert report?
No. This is a preliminary engineering perspective based on limited, self-reported information. A formal expert report requires document review, site inspection, system testing, and engineering analysis conducted by a retained expert under an engagement agreement.
What if my case involves multiple systems?
Submit a separate assessment for each system. Construction defect matters often involve multiple building systems, and the engineering analysis differs for each. You can submit as many assessments as needed.
Is my information kept confidential?
Yes. Information submitted through this tool is used solely to generate your assessment and is treated as confidential business communications. We do not share case information with third parties.
Do you testify nationwide?
Yes. LaRovere Consulting provides expert witness testimony in all 50 states. Our engineers are experienced with Daubert, Frye, and state-specific admissibility standards.
What does it cost to retain an expert?
Expert engagements vary based on scope, complexity, and jurisdiction. Contact us directly at 480-626-2522 to discuss your matter and receive a scope estimate.
My system has already been repaired. Can you still help?
Often, yes — but the evidentiary path changes. Pre-repair photographs, repair records, and retained components become critical. The preliminary assessment will flag spoliation risk and recommend evidence preservation steps specific to your situation.
How is this different from the Submit a Case form?
The Submit a Case form is a general intake for any engagement type. This assessment tool is specifically designed for attorneys evaluating construction defect and system failure matters — it provides an immediate engineering viability analysis before you decide whether to retain an expert.