Overall, 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 faulty design, materials, and/or workmanship. As a San Diego-based construction defect law firm we wanted to share with you several FAQ about construction defects and construction defect litigation.
- What are the most common types of construction defects?
- Common construction defects found include mold, foundation and wall cracks, electrical system issues, water issues, dry rot, structural failure, soil issues, and heating issues.
- How does an attorney prove a construction defect is a construction defect in court?
- Some construction defects are obvious while others are hidden or do not become apparent until years later. These are patent and latent construction defects. An attorney will get expert testimonies to speak to the defects. These experts will investigate the defect and evaluate why it occurred and how it needs to be remedied.
- Who is responsible for the construction defect?
- Depending on the situation at hand, the developer, the general contractor, design professionals and engineers, relevant subcontractors, and material suppliers can all be liable, and usually they are insured. The defendant’s insurance company will be responsible for paying the damages.
- Can you make repairs with a pending lawsuit and are the costs for the repairs recoverable?
- Yes, repairs should be made to protect a property from further damage. These repair costs will be recoverable in the lawsuit. If these repairs or routine maintenance does not occur and more damage occurs, this could lead to “failure to mitigate” damages.
- Can you sell your property during a construction defect lawsuit?
- Yes, you can sell your home during a lawsuit, but most states require that sellers disclose to buyers that the home is involved in a construction defect litigation.
For more FAQ, visit our construction defect litigation page.
Looking for a Construction Defect Attorney in California?
If you found a construction defect? Call us right away. Our construction defect lawyers 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. Construction defect cases can get complex, so it’s best to consult an attorney as soon as possible to help you through the process. We will let you know if your issue is a construction defect, what caused it, who is responsible, how much it will cost to fix, and how and if insurance will cover it.
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. We serve all areas in Los Angeles, Orange County, San Diego, Riverside and San Bernardino
