The Benefit of Using a California Construction Defect Lawyer

If you live in the Golden State, and have discovered a fault in your property which may be attributable to poor design, poor materials or poor workmanship when your property was first built, it is recommended that you speak with a construction defect lawyer in California.

There are many out-of-state legal advice services that will be able to offer you helpful advice and refer you to a lawyer with a license to practice in California; but few will have the expertise to guide you through California construction defect laws to determine:

a) Whether you are entitled to compensation for a fault in your property and, if so,

b) The appropriate process to claim construction defect compensation

As you will see below, California construction defect laws are complex. In order to recover your maximum entitlement to compensation for a fault in your property – and have your property made habitable in the minimum amount of time – it is in your best interest to speak with a California construction defect lawyer at the earliest practical opportunity.

A Quick Guide to California Construction Defect Laws

California construction defect laws are mostly covered by two pieces of legislation – the Right to Repair Act (better known as SB 800) and the Davis-Stirling Common Interest Development Act (more often referred to as the “Calderon Process”).

The Right to Repair Act came into effect in January 2003 and defines what constitutes a construction defect in California by establishing forty-five “functionality standards”. A violation of any of these standards which results in damage to your property can be grounds to claim compensation for a fault in your property. The standards are divided into seven categories:

  • Water Intrusion Issues
  • Structural Issues
  • Soil Issues
  • Fire Protection Issues
  • Plumbing and Sewer Issues
  • Electrical System Issues
  • Other Areas of Construction

Claims for compensation for a fault in your property can be made by an individual (using the Right to Repair Act) or by a Property Owner Association (using the Davis-Stirling Common Interest Development Act) against builders of mass-produced homes, developers of building sites, manufacturers of building components, suppliers of building materials and – in some circumstances – sub-contractors.

Claims can also be made for poor design, poor materials or poor workmanship when your property has developed a fault; or – depending on the nature of the construction defect and the damage it has caused to your property – breach of contract, breach of warranty or breach of warranty of habitability.

However building codes, contract laws and the limitations of insurance coverage vary widely from those of neighboring states – with different Statutes of Limitations governing the time allowed in which to make a claim – which is why it is always advisable to speak with a construction defect lawyer in California.

Claiming Compensation for a Fault in a Property in California

Another reason for engaging the services of a California construction defect lawyer is the two very different processes involved in claiming compensation for a fault in your property depending on whether you are making a claim as an individual or as a member of a Property Owners Association.

SB 800 (the Right to Repair Act) stipulates a set procedure before claims for construction defects compensation can be made. This involves submitting a written claim to the builder´s agent, organizing an independent inspection of the property damage, waiting for an offer to repair by the builder and – if no satisfactory resolution is forthcoming within a 300 day period – filing a lawsuit.

The Calderon Process is considerably more complicated as it concerns multiple parties who own properties within the same development. The attempted resolution process must also be completed much quicker than under the Right to Repair Act (180 days) before litigation for a breach in California construction defect laws can commence.

Speak with a Construction Defect Lawyer in California

To assist potential plaintiffs with the complexity of California construction defect laws, we have established a claims assessment hotline which you are invited to call and speak with a California construction defect lawyer.

Our claims assessment hotline is a free service which offers practical advice about claiming compensation for a fault in your property. Irrespective of whether you are enquiring about your eligibility to claim compensation or the procedures that have to be completed before a lawsuit can be filed, our construction defect lawyer in California will be able to guide you with expert knowledge of the local California construction defect laws.

We would like to point out that the Statute of Limitations can be as short as one year for certain categories of construction defects, and so it is advised that you contact our construction defect lawyer in California as soon as possible.

Disclaimer: The information provided on this page is not intended to be a substitute for seeking professional legal advice from a construction defect lawyer in California. The content of this page should not be interpreted as legal advice nor constitutes a plaintiff-lawyer relationship. You should always speak directly to a California construction defect lawyer to receive advice which is appropriate to your particular situation.