CONSRTUCTION DEFECT
California construction defect litigation is, by and large, governed by two statutory schemes. The first, the Right to Repair Act (Cal. Civil Code, §§896 – 945.5), came into effect on January 1, 2003, and is commonly referred by its legislative bill, SB 800. The Act defines what constitutes a construction defect in California by establishing “functionality standards,” the violation of which is actionable as a matter of law.
One of the most stressful aspects of purchasing, building, or remodeling a home is the potential for unknown construction defects. A construction defect - such as a faulty electrical system, roof leaks, leaking pipes, or other structural issues can significantly reduce the value of your property, not to mention cause unnecessary financial and emotional stress. Some defects are difficult to spot until years later, after they have caused noticeable damage.
We work on bid disputes, claim analysis and negotiation, claim avoidance & loss prevention services, construction defect defense, contract negotiation, Environmental and toxic tort issues, insurance coverage, Mechanic’s Liens.
General contractor + Developer
We aggressively pursue contractual defense and indemnity obligations that may be owed by the specialty contractors and materials suppliers hired for the project, as well as the enforcement of additional insured rights the client may hold under its agreements with these same specialty contractors and suppliers.
Specialty contractor + Material supplier
We analyze and aggressively defend claims premised on contractual indemnity and defense obligations that inappropriately attempt to transfer responsibility for design defects or construction defects caused by the work of others, whether it be by the business or homeowner or by the general contractor/developer.
Homeowner + Commercial property owner
We are highly experienced in using expert witnesses and repair contractors to investigate and identify potential construction defects. We research the cost of repairing such defects to prepare the strongest possible case against the general contractor/developer and to obtain the compensation necessary to repair the defects and cover other consequential damages, including business interruption, relocation, and protection and storage of contents.
What is a Construction Defect?
A defect is any failure to design, build or construct any building or component of a building according to industry standards, including the building codes. This includes every part of the structure as well as the unified whole from the ground up: Soils and grading , retaining walls & subsurface drainage foundations, structural walls, windows, doors and all openings, roofs, decks, patios, swimming pools, paved areas, garages, sidewalks, landscaping, electrical, HVAC, plumbing· sound & low voltage, seismic, fire, waterproofing, stucco and plastering and all Other Components and systems. As a practical matter, one sure sign of defects are water leaks and water intrusion. This is not only a glaring defect and a violation of the building code and every industry standard, but it is also a sign of poor supervision and lack of quality control and a sign that there may be other significant defects in other areas of the building. Establishing the scope and severity of the defects is a key component of our analysis.