If you just moved into a new home, apartment or condo, or if after a few years, you notice a construction defect…do not hesitate. Report the defect right away. You want to be compensated for this defect, as it likely was not your fault at all. Sometimes, contractors cut corners or buy the wrong materials, or a mistake occurred. So,…
Unfortunately, construction defects happen, whether a company cut corners, or an honest mistake occurred. A construction defect is any issue that cheapens the value of your property. You don’t have to find the defect immediately, some defects can be dealt with five to 10 years later, but don’t hesitate to report it as soon as you find it. From poor…
This case too place in 2011 in the District Court for Adams County in Colorado. The District Court issued a well-reasoned order denying a motion to preclude the use of extrapolation evidence in a construction defect suit. In the case, a homeowner association had a claim about defective vinyl siding. The association said the installer failed to use a required…
When you think of a construction defect, you think of foundation cracks or leaking windows, but who is responsible for soil movement that causes problems. Soil movement falls into two categories: soil subsidence and soil expansion. Soil subsidence occurs when a home is built on top of fill oil. Fill soil is brought to a site to make a level…
If you’ve moved into a new home or condo, here are the most common construction defects you should look out for: Leaky windows and façade problems Wood Floor problems – this is due to inferior materials and/or the materials didn’t acclimate to the building before installation. If wood is installed when wet, gaps can develop. Lack of fire prevention features…
In California, homeowner association board members’ duties include properly handling potential construction defect claims. Civil Code Section 1365 (f) (1) provides that the scope of duties of a director includes the decision to conduct an investigation of the common area for latent defects prior to the expiration of the statute of limitations. The Board’s decision whether to investigate defects is…
If you have or found a construction defect, report it as soon as possible. Why? Construction defects have time limits. You don’t want to lose out on winning money to fix the defect by delaying bringing the defect to the law’s attention. Not all construction defect claims have the same reporting time either. Deadlines to bring construction defect claims are…
Does general liability insurance provide coverage for construction defects? A comprehensive general liability (CGL) policy covers potential liability for property damage caused by an occurrence such as an accident or accidental harm. When it comes to construction defect coverage, courts are divided on “occurrence” and whether coverage is available for construction defects or not. Some believe construction defects and…
Going to court can get expensive. Is there a way to economically settle single-family home construction defect cases? There are some practices you can try out to possibly alleviate the financially burden of going to trial. All of these ideas can be extremely effective and can result in signed settlements through mediation. You can participate in a pre-mediation conference call.…