Section 5.9.2.4.1 Investigative Costs

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 5.9.2.4.1 Investigative Costs

A minority of jurisdictions has held that investigative costs are recoverable in construction defect cases. In Stearman v. Centex Homes,⁸¹ the defendant was a mass-producer of homes in Southern California. The plaintiffs bought one of those homes from the defendant. Problems with the property began to appear shortly after plaintiffs moved in and continued over the next few years. Plaintiffs employed geotechnical and structural experts to obtain and analyze soil samples to perform the necessary design calculations to enable plaintiffs to determine an appropriate repair methodology to correct the defect. At trial, the plaintiffs argued these...