How do I prove that a defect exists?
You prove a defect by using expert testimony. A proposal for repairs is generally not good enough. That’s because a proposal cannot be cross examined. So in a construction defect case you’re going to have a battle of the experts. Usually an expert is a licensed contractor or someone who understands construction very well and has worked in the field — not the attorney that you hire, but an independent expert who can look at the facts and explain to a judge or jury what the defect is.