At our San Diego law firm, we believe in maintaining regular and ongoing communication with our clients and potential clients. It is the cornerstone of our service, which is why we want to share some FAQ with you about construction defect litigation. With this info, we want to make it easier for our clients to understand more about construction defects and the litigation process. It can be complicated.
- How much does construction defect litigation cost?
- With construction defect litigation, there are a many ways to structure the fee arrangement, including paying for professional services based on time worked and costs incurred or a contingent fee agreement. In a contingent fee agreement, you do not pay legal fees unless and until there is a recovery. Other costs of the litigation may be charged to the client but may also be advanced by the law firm and recovered from proceeds of case resolution. Some of the investigation and analysis expenses can also be recovered at trial, assuming the case goes that far. Your CC & R’s may also provide that you can recover attorney’s fees in addition to the damages.
- How can I tell if it’s a construction defect and not a maintenance issue?
- You don’t have to make that call. An expert will. If you have a concern, we will send an expert to your property. An expert consultant will analyze the conditions, and a determination whether the condition is either a deficient design, improper construction, or inadequate maintenance. Many times, we find that the problems people consider to be maintenance issues are created by construction defects in the original construction.
- What kind of damages am I able to recover?
- When it comes to construction defects, you can recover for the cost of repair, or the value of the reduction in value of the property, whichever is less, subject to certain factors that may increase your recovery. Because a community association is generally required by its CC & R’s to maintain and repair common areas, the typical measure of damages is the cost to repair. Other potentially recoverable damages include the cost of investigation, relocation and storage, and other costs recoverable by contract or statute. Punitive damages are also available in cases in which fraudulent misrepresentation or fraudulent concealment is found.
Need a Construction Defect Attorney in Southern California?
If you are a homeowner or association seeking representation in construction defect litigation, our law firm based in San Diego can help represent you. Serving all areas in Los Angeles, Orange County, San Diego, Riverside and 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
