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Single Family Homes
In many of our cases, the firm represents multiple owners of single family, detached residences from the same development. The following are some questions we often receive regarding construction defect litigation on behalf of owners of such single family residences:
Who is legally responsible for defective construction?
Depending on the facts, the developer, the general contractor, the design professionals and engineers, relevant subcontractors and material suppliers can all be liable - and usually they are insured.
What claims can I pursue?
Depending on the facts of your case, for residences sold by a developer prior to January 1, 2003, claims against the developer frequently include negligence, strict liability in tort, breach of contract, breach of warranty, breach of certain "implied covenants", fraudulent misrepresentation, and fraudulent concealment. Defects due to the negligence of a design professional or engineer, subcontractor, or material supplier are also actionable.
For projects sold by developers after January 1, 2003, a homeowner can pursue claims for failure of the builders to comply with a wide ranging list of "functionality standards" adopted by the California Legislature. The homeowner may also pursue claims for breach of contract, fraud, and statutory violations.
I bought my home a few years ago. Can I still pursue legal remedies now?
Generally, yes, if the residence was constructed less than 10 years ago, and your claims are made within a few other time limits. The answer depends on a legal analysis of the specific facts about your residence.
What kind of Damages can I recover?
Generally you are entitled to the projected cost of repair or replacement, or the amount of the reduction in value of the home due to the defects, whichever is less. However, that "whichever is less" rule is subject to a frequently applicable exception called "personal use", resulting in recovery of full cost of repair or replacement. Other potentially recoverable damages include the cost of investigation, relocation and storage, and other costs recoverable by contract or statute. Punitive damages are also available in cases in which fraudulent misrepresentation or fraudulent concealment is found.
During the construction defect litigation, do we have to move out of our home?
No. Generally, inspections and any testing can take place while the residence is occupied.
How much does construction defect litigation cost, and how do I pay for it?
There are a variety of ways to structure the fee arrangement, varying from hourly fees plus costs to a contingent fee agreement. In a contingent fee agreement, you do not pay any legal fees unless and until there is a recovery. Other costs of the litigation are typically advanced by the law firm and recovered from proceeds of the case.
updated 8/21/07
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Over $470M awarded to our Clients!!!
Would you know a construction defect if you saw one?
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