If you believe you found a construction defect on your property, act quickly. There are different statutes of limitations on different construction defects. If your builder/contractor will not fix the defect or address the issue in any way, you need to seek out legal help, or else you may never see compensation for the defect that occurred.
Our team at our San Diego-based construction defect law firm would be more than happy to look at the defect(s) and determine if what you are seeing is truly a construction defect. Once we determine if it is a defect, we will let you know how you can proceed.
Unfortunately, construction defect litigation is a long, complicated, and expensive process, but with our team of construction defect litigation attorneys on your side, we will work hard for you and make the process easier.
Depending on the type of construction defect, the lawsuit can include many defendants, different insurance policy coverages, anti-indemnity statutes, and fact-intensive discovery procedures.
During a construction defect case, the damages need to be determined including cost of repairs, decline in property value, loss of use, court costs, and more. If there is more than one defendant, you willl have to figure out how to spread liability.
When it comes to trial costs, there are a variety of ways to structure the fee arrangement, from paying for professional services based on time worked and costs incurred, to 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, if the case goes that far. Your CC & R’s may also provide that you can recover attorney’s fees in addition to the damages.
Before filing a lawsuit, an 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.
Once you contact our firm, we can send our team to your property for a free inspection. Many times, our team can recognize a construction defect from the first inspection.
Our Law Firm represents homeowner associations, high/mid-rise condominium and condominium conversion associations, single and multifamily residential homes and commercial property owners in construction defect litigation. Please contact us to set up a consultation.
If you need more information on construction defects, visit our construction defect litigation page. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page.
We also practice Los Angeles construction defect litigation, Orange County construction defect litigation, Riverside construction defect litigation, and San Bernardino construction defect litigation.