• Home
• Resources
• Testimonials
• About
• Contact

California Construction Defect Attorney

Where Ever You Are - Whenever You Need Us - Serving All of Southern California

CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-285-2539

What is a Construction Defect (“CD”)?

The topic of CD type cases are somewhat complex, and determined by many variables. There really is no short answer to the question of what a Construction Defect is. There is, however, a major difference between a nuisance claim (such as a squeaking floor, or conditions resulting from lack of maintenance) and a construction defect.

Construction defects can range from foundation, and framing issues which threaten the structural integrity of buildings, to aesthetic issues. Faulty foundations, serious moisture intrusion, and shoddy framing are often at the root of problems, which manifest themselves as large/deep cracks, rotting walls amongst other related damages.

Some examples of Construction Defect cases:
• Soil not compacted and ready for development (expansive soil conditions)
• Soil not prepared for adequate drainage (structural collapse)
• Water intrusion into garages.
• Mold and mildew as a result of poor quality flashing.
• Flashing not installed or installed incorrectly.
• Roofing installed incorrectly, or roofing not actually fastened down (so it flaps or is destroyed due to high winds, etc.)
• Windows and siding installed, without the use of sealants and not wrapped properly to prevent water intrusion.
• The use of synthetic stucco installed improperly, which leads to cracks in the surface of the material and results in dry-rot in the wood underneath.

California courts have recognized that construction defects can typically be grouped into the following four categories:

1. Design Defects and/or Deficiencies
Architects and/or engineers, design buildings and systems that, from a performance standpoint, do not always work as intended or specified. The motivation for the design may be function, aesthetics, or cost considerations, but the completed design could result and/or manifest into a defect. Problems are typically encountered with roof systems (pitched or flat) which due to their complex design, they are prone to leaks. A majority of roofing problems are a direct result of inadequate specification of building materials which can result in water penetration and/or intrusion. Poor drainage design and/or the inadequacy of structural members can result in cracks and deterioration of roofing components and materials.

2. Material Deficiencies
The use of inferior building materials can cause significant problems, such as windows that leak or fail to perform and function adequately, even when properly installed. Leaking windows are a common defect and prevention requires good workmanship. Window leaks can result from many things including: framing not being flush with outside openings, improperly flashed windows, incorrectly applied building paper, window frames racked during storage/moving, etc. Common manufacturer problems with building materials can include: deteriorating flashing, building paper, waterproofing issues, asphalt roofing, inferior drywall, and other wall products used in wet and/or damp areas, such as bathrooms and laundry rooms.

3. Construction Deficiencies (Poor Quality/Poor Workmanship)
Poor quality and/or workmanship often manifests as water infiltration through some portion of the building/dwelling. This can result in cracks in the foundation, floor slabs, walls, dry rotting of wood or other building materials, termite or other pest infestations, electrical and mechanical problems, plumbing leaks and back-ups, lack of appropriate sound insulation, and/or fire-resistive construction between adjacent housing units, etc.

4. Geotechnical Problems
California has a significant amount of expansive soil condition. As a result of this, there have been many problems when housing subdivisions and/or developments are built into hills or other sloping areas where it's difficult to provide a solid and/or stable foundation. If subsurface conditions in these subdivisions and/or developments are not properly compacted, and prepared for adequate drainage, problems will inevitably result. Problems can include: vertical and horizontal settlement, movement (expansion), slope failures, flooding, and in extremely wet/rainy climates, landslides, etc. These conditions typically lead to cracked foundations, floor slabs, and other damage to a building. A worst-case scenario in some instances, could render a building uninhabitable, as well as uninsurable.

Courts have typically used these categories and associated standards to determine responsibility for construction defect problems. http://www.c-risk.com/construction_risk/cd_cds_01.htm. The standards used to measure whether the specific condition under review have violated any applicable building codes, are the direct result of construction means, methods, or practices that are below the standard of care in the building industry, and resulted from a deviation from the permitted/approved plans, or the specific condition is below the reasonable expectation of the home buyer.

Key to deciding if a construction defect actually occurred or if the property just wore out, is the statute of limitations. For this you must immediately contact a California Construction Defect case upon learning of a defect and/or damage to your dwelling or commercial property.

Statute of Limitations

This is a very complex area and it is highly recommended to speak with an experienced California Construction Defect attorney immediately.

The period of limitation does not typically begin to run until the defects are discovered or reasonably should have been discovered. The potential liability of a builder or developer can continue for an extended period of time. In order to place a reasonable limitation on the builder's exposure, most states have imposed a maximum limitation period that applies, regardless of any conflicting statutory limitations.

If the defect discovered is patent, meaning it is apparent by reasonable inspection, any action arising from that defect to real property must be commenced within a specified time after the improvements are substantially completed.

When the defect is latent, meaning it is not apparent by a reasonable inspection, any action to recover damages to real property must be commenced in many states within ten years after the improvements are substantially completed.

Finally, a project is deemed substantially complete upon the first of the following to occur: (1) final inspection by the applicable public agency; (2) recordation of a valid notice of completion; (3) use or occupation of the improvement; or (4) one year after termination or cessation of work on the improvement.

Tolling the Statue of Limitations
In some states, the statute of limitations is suspended during the time in which the builder or developer attempts to make repairs of the defects. Thus, depending upon plaintiff's proof of same, plaintiff's time to sue may be extended beyond the statutory period. Hence, it is imperative that you immediately contact a California Construction Defect attorney to find out your rights

If you believe that your home or commercial building may qualify as a construction defect under California laws, please contact the Nezhad Law Firm today for a free consultation.

NO RECOVERY = NO FEE

You will not pay ANY fees unless we obtain a settlement or verdict on your case. Our aggressive California construction defect attorneys will carefully evaluate your situation to determine if your property is deemed legally defective. If so, we will file a lawsuit on your behalf o recover financial compensation. Call the law firm that only represents Plaintiffs and the one that is on your side, the Nezhad Law Firm.

CALL NOW! TOLL FREE for a FREE CONSULTATION 1-877-285-2539