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. This is part two of our construction defect FAQ. Check out the rest of our blog to read more information about construction defects.
- Can community associations, condominiums, and town homes pursue claims for construction defects?
- Usually, yes, if the building was constructed or rebuilt within the time period specified by law, and the claim is within other time limits. A complete answer depends on a legal analysis of the specific facts about the project and the Conditions, Covenants and Restrictions (CC & R’s).
- Who is legally responsible for a construction defect?
- Depending on the facts, the developer, the general contractor, design professionals and engineers, relevant subcontractors, and material suppliers can all be liable, and usually they are insured.
- Are there any special procedures before filing a construction defect lawsuit?
- Yes. Typically, the association’s CC & R’s provide for special procedures that must be followed prior to pursuing legal actions for defective construction. These procedures may include requirements of notice to be provided to the membership, sometimes even requiring that a vote of the membership be held prior to engaging legal counsel. You should review the requirements of your CC & R’s, and discuss them with qualified legal professionals prior to commencing any legal action.
In addition to the CC & R’s, in California, special procedures are required to be followed by California statute. One of the procedures is commonly known as the “Calderon Process” and is generally required to be fulfilled prior to filing a lawsuit for defective construction. This process includes notices, exchanges of information, inspections, and mediations. Although intended to expedite claims for defective construction, the process can be manipulated by builders to add additional delay to resolving the issues if not diligently monitored by experienced professionals who understand and have experience with the process.
Another process in California that generally applies to residential properties sold for the first time after January 1, 2003, is commonly referred to as “SB 800”. This process concerns claims for failure of residential structures to comply with the “functionality standards” discussed above. Prior to an individual or association filing suit for claims of violations of “functionality standards”, the builder must first be given notice of the defects and have an opportunity to repair the conditions. The builder’s “right to repair” process is extremely technical and contains many traps for the unwary consumer in which the builder can substantially delay the process. We recommend that you retain qualified legal assistance with expertise in construction well before any attempt is made to initiate the legal process, to ensure that your dispute not only includes all appropriate claims, but also moves forward as expeditiously as possible.
Need a Construction Defect Lawyer 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. We serve areas including Los Angeles, Orange County, San Diego, Riverside and San Bernardino
We have more than 35 years of experience handling and winning all types of 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
