A construction defect is a deficiency in the design or construction of a building or structure. The cause of the condition can be the result of one of three things: faulty design, materials, and/or workmanship.
Deadlines to bring construction defect claims to court are determined by statutes of limitation. In California, homes that have a substantial completion date or close of escrow date after January 1, 2003 are governed by Civil Code Section 895, et seq. (“SB800”). This statute contains one-, two-, four-, five-, and ten-year statutes of limitations.
Once you figure out what type of construction defect you have, you’ll have to classify it as a patent or latent defect. Patent defects are known and/or obvious upon inspection. During inspection, a contractor or some other person should spot them. On the other hand, latent defects are concealed and not readily observed, and won’t even be found by someone who inspects the work thoroughly. Patent defects are usually easy to fix because they are usually surface level or just aesthetic, while latent defects can be more work and problematic.
Design Defects – Design defects come from a professional’s failure. They occur by error or omission and to fix they require a redesign and replacement.
Material Defects – Material defects occur when damaged or inadequate materials are used that come from the manufacturer. Material defects are expensive cause they require more labor and materials.
Workmanship Defects—Workmanship defects occur when a contractor fails to build something in accordance to the construction documents. These defects can be aesthetic issues or structural issues.
Looking for a Construction Defect Attorney in California?
Found a construction defect? Call us right away. We can help.
If you are a homeowner or homeowner association seeking representation in construction defect litigation, our law firm based in San Diego can help represent you. Along with San Diego, we work with clients in Los Angeles, Orange County, Riverside, San Bernardino.
We have more than 35 years of experience handling and winning all types, including difficult, construction defect cases. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page.
To learn more about California construction defects and the construction defect litigation process, click our San Diego construction defect litigation page
