CONSTRUCTION LITIGATION
Construction Defects in alabama: What Commercial Property Owners
Should do first
By Ethan D. Hiatt | Hiatt Law, LLC
Published September 5, 2026
Discovering a construction problem is only the beginning. Early documentation, preservation of evidence, and a coordinated investigation can significantly affect a commercial property owner's ability to determine what failed, why it failed, and who may be responsible.
Construction defects can disrupt operations, create safety concerns, and lead to significant financial losses for commercial property owners. Whether the issue involves water intrusion, structural deficiencies, or failures in building systems, taking the right steps early can make a meaningful difference in understanding the problem and protecting your legal rights.
While every situation is unique, there are key steps that property owners should consider at the outset to position themselves for a more effective investigation and, if necessary, a successful claim.
Gather the Project documents
Collecting and organizing project documents can provide valuable context and help identify potential causes. Key documents may include:
Prime contracts and subcontracts
Plans and specifications
Change orders
Submittals and shop drawings
Warranties
Inspection reports
Requests for information
Payment applications
Project correspondence
Closeout documents
Document the Condition
Start by thoroughly documenting the issue. Take clear photographs and videos, note when the problem was discovered, and keep a record of any related impacts, such as interrupted operations or repairs. If the condition is ongoing, continue to document changes over time. Preserving evidence in its original state is critical, so avoid making repairs until the condition has been properly evaluated, unless repairs are necessary to prevent further damage or address safety concerns.
Determine Whether the Problem Is Construction, Design, Product-or All Three
Many construction defects involve more than one underlying cause. The issue may stem from improper construction, a design error, a defective product, or a combination of factors. A careful review of the facts, documents, and physical conditions can help identify the likely cause or causes and the parties who may be responsible.
Timing Matters
There may be contractual notice requirements, warranty deadlines, and statutes of limitation that could affect your rights. Promptly evaluating the issue and taking appropriate steps can help preserve claims and avoid potential defenses based on delay.
Build the Investigation Before Building the Case
A well-planned investigation often leads to a stronger case. This may include retaining qualified experts, conducting targeted testing or inspections, and analyzing the project documents in combination with the physical evidence. Understanding the full scope of the problem - and the parties involved - can help you make informed decisions about how to proceed, whether through negotiation, alternative dispute resolution, or litigation.
Why a Coordinated Investigation Matters
A building failure may involve defective workmanship, design errors, failed products, or several contributing causes. Evaluating those possibilties together can help avoid focusing on the wrong party or overlooking an important source of responsibility.
RELATED CAPABILITY
Construction Litigation
Hiatt Law represents commercial property owners and businesses in construction disputes involving defective workmanship, building envelope failures, water intrusion, contractors, design professionals, building systems, and other complex project issues.
Discovered a Construction Problem?
Early investigation can help preserve evidence, identify potential causes, and clarify the parties that may be responsible.
Hiatt Law represents commercial property owners and businesses in complex construction disputes throughout Alabama and the Southeast