Many homeowner associations and homeowners in California new home developments are finding that the common areas of their communities and their individual homes have construction defects that are not attributable to the lack of ordinary maintenance. These construction defects include roof leaks, deck leaks, mold infestations, deteriorating streets, improper drainage, structural failure, inadequate soil preparation, faulty electrical wiring, insufficient insulation and sound proofing, inadequate equipment, cracked slabs, defective swimming pools, peeling paint, and other defects too numerous to list. The construction defects can be caused by poor design, poor construction, poor choice of materials or defective materials. See: Common Construction Defects, Developers Breach of Fiduciary Duty, Defective Vegetative - Green Roofs, and Defective Grasscrete - Porous Pavement Systems.

Nearly all CC&Rs impose upon homeowner associations the duty to maintain and repair the common areas. Legally, this duty includes paying for the correction of defective conditions, including those set forth above. These repairs, which can be quite expensive, can be paid for in several ways:

• First, the association can pay for the cost of repairs out of its reserves. However, in most cases the reserves are insufficient. Obviously, this is not a desirable solution.
• Second, the amount required to pay the cost of repairs can be obtained by specially assessing the individual homeowners or borrowing funds. Obviously, this is not a desirable solution.
• Third, the association may seek redress from the builder of the project who in many cases is legally responsible for the cost of repairs. In those rare situations where a developer has no insurance, we are prepared to pierce the corporate veil.

Our firm represents homeowner associations and property owners throughout California on a contingency basis in dealing with builders who are responsible for defective construction. Generally, we can meet or beat the contingent fee percentages proposed by our competitors.

Our firm works on a contingency basis. This means that you pay no attorney fees unless we prevail against the developer, or we detain a settlement from the developer.

We regularly advance all or some of the costs of litigation, including expert fees. Contact us for additional information.

We have prepared a list of Frequently Asked Questions about Construction Defects which should answer most questions you may have. We have also prepared a Due Diligence Review Checklist to assist you in understanding the process and a Construction Defects Glossary. Ask us about when punitive damages may apply.