Claiming Damages for Framing Errors in an Apartment Building
Claiming damages for framing errors in an apartment building can frequently be a complicated process. There are many different types of framing errors that can cause structural damage or a reduction in the value of a property, and some defects may appear in just one or two properties, or a complete complex could be suffering from a similar problem.
A successful claim for framing defects in an apartment building has to show that errors were made during the construction of the apartment building or that the materials that were used were not of suitable quality – either due to a manufacturing defect or because inappropriate materials were chosen at the design and planning stages.
The success of a claim also relies on there being an insurance policy against which to claim damages for framing errors in an apartment building. In most cases a claim will be made against the primary constructor of the property; but the constructor may argue that the negligent party is a sub-contractor or the supplier of the building materials, and seek indemnity from his liability before a claim for framing defects in an apartment building can be resolved.
Making a Claim for Framing Defects in an Apartment Building
When a framing issue affects multiple owners, a claim for framing defects in an apartment building is usually pursued by a Property Owners Association (POA) on behalf of all the owners. Some framing issues can affect the structural integrity of an apartment building; so, although there may be owners who are not living with the direct consequences of the problem, they may still suffer depreciation in the value of their home.
The name given to a group legal action by a POA against the constructor of an apartment building is the “Calderon Process”. This process initially involves the POA and the constructor attempting to resolve the framing issues by mediation. However, if you own an apartment which is uninhabitable because of the problem, the 180-day mediation process will not be entirely suitable for you.
Individual owners can accelerate the resolution of a claim for framing defects in an apartment building through the Davis-Stirling Common Interest Development Act (the legislation which governs damages for framing errors in an apartment building), and if you wish to claim damages for the incorrect framing of an apartment building through this Act, it is advisable that you contact a construction defects lawyer at the earliest possible opportunity.
Time Limits for Claiming Damages for the Incorrect Framing of an Apartment Building
One of the major reasons for contacting a construction defects lawyer without reasonable delay is that time limits exist for claiming damages for the incorrect framing of an apartment building. Signs that your apartment building has been incorrectly framed do not always manifest within a short period of time. It could take a particularly heavy rainfall or unseasonably strong winds before you notice that there is a construction defect in your home.
Depending on the nature of the construction defect and the state in which you live, you could have anything from six to ten years in which to make a claim for a framing defect in an apartment building from the date of substantial completion. If you delay claiming damages for framing errors in an apartment building beyond a reasonable length of time, it may be the case that your claim is time-barred under your state´s Statute of Limitations.
There is also a time limit for how long after you identify a framing error (and it is confirmed by a construction expert) that a “Notice of Commencement of Legal Proceedings” must be sent to the constructor of your apartment building. Consequently, once a construction defect is suspected, you should contact a construction defects lawyer in order that an inspection by a construction expert can be arranged.
Speak with us about Claiming Damages for Framing Errors in an Apartment Building
If you have suffered property damage or depreciation in the value of your home due to framing errors, and you would like to find out more about claiming damages for the incorrect framing of an apartment building, you are invited to contact our construction defects helpline and discuss the issue with an experienced construction defects lawyer.
When you speak with our team, you will receive professional and impartial legal advice about claiming damages for framing errors in an apartment building and the procedures that need to be completed before it is possible to proceed with a claim for framing defects in an apartment building – although you are under no obligation to act on the legal advice you are provided with.
All calls to our construction defects helpline are completely confidential and, when you contact us, we will guide you through the frequently complicated process of claiming damages for the incorrect framing of an apartment building so that you are in an informed position to decide whether you have a claim for framing defects in an apartment building which is worth your while to pursue.
Claims for damages for framing errors in an apartment building are often contested by the contractor´s insurance company and, even when claims are settled, it may still take a long time before the defect is repaired. Expedite your claim for framing defects in an apartment building by contacting our construction defects helpline today!
Disclaimer: Please note that no two claims for damages for framing errors in an apartment building are the same. Consequently nothing in the above article should be taken as legal advice or as creating a plaintiff-lawyer relationship. You should always seek professional guidance which is relevant to your individual situation from a construction defects lawyer when claiming damages for the incorrect framing of an apartment building.