Construction Defect Attorneys - HOA Attorneys
Serving All of California
• Condominium Association Construction Defects • Defective Single Family Homes • Defective Commercial Buildings and Apartments
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 obtain 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 Checklist to assist you in understanding the process and a Construction Defects Glossary. Ask us about when punitive damages may apply.
If your individual condominium unit has visible construction defects, we encourage you to submit our Construction Defects Survey Form.
You may want to visit: Signs of Common Construction Defects and Common Construction Defects before completing this survey.
Free Construction Defects Seminar
Our firm offers construction defect seminars in person or by Zoom to members of homeowner associations anywhere in California who believe their homes and/or association common areas have construction defects. See: Common Construction Defects and Signs of Common Construct Defects.
Call to arrange a convenient time at your location or by Zoom
Topics to be covered:
- Who is legally responsible for defective construction and mold.
- What is included in the definition of construction defects.
- How do we prove that construction is defective
- How much will it cost.
- Duty of plaintiff to mitigate damages.
- Legal representation on a contingency basis.
- Developer's Breach of Fiduciary Duty.
- What must be disclosed.
- What are the most common construction defects we find.
- What happens if the developer has no money or files for bankruptcy.
- What is the legal process including mediation, arbitration and litigation.
- What options are available.
- When are punitive damages appropriate.
There will also be a question and answer session designed to answer your questions.
Our firm represents homeowner associations and property owners throughout California on a contingency basis in dealing with builders who are responsible for defective construction, including mold infestations. Generally, we can meet or beat the contingent fee percentages proposed by our competitors. We regularly advance all or some of the costs of litigation, including expert fees.
Associations and property owners should know their legal rights and not be misled or intimidated when attempting to seek redress for construction defects. We are available to assist you in this regard . We are homeowner/consumer advocates.
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 which 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, 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.
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 reserves are insufficient.
Second, the amount required to pay the cost of repairs can be obtained by specially assessing the individual homeowners or borrowing funds.
Third, the association may seek redress from the builder who in many cases is legally responsible for the cost of repairs.
For additional information, please contact us.
Summary of Construction Defect Process
The construction defect litigation process begins with pre-litigation procedures including documenting issues, notifying the builder, and allowing for a repair period, under California's SB 800. If unresolved , the process moves to formal dispute resolution, such as mandatory or voluntary mediation or arbitration, or a civil lawsuit. Should litigation proceed, it involves discovery, where parties gather evidence, expert witness testimony to prove defects, and potentially a trial if a settlement isn't reached. Ultimately, a successful claim can lead to damages covering repair costs, property value diminution , and other related expenses.
Individual Homeowner Construction Defect Claims
Against Developers - Home Builders
When the board of directors of a homeowner association in California refuses or declines to make a claim against a developer for construction defects, even one individual homeowner may do so.
Since every homeowner in a common interest development, such as a condominium project, owns an undivided interest in all of the common area, they have legal standing to seek damages from a developer who has constructed defective common area components. In addition, every homeowner has standing to make claims for defects in their own homes.
Our firm represents individual homeowners and groups of homeowners (as well as associations) on a contingency basis, in making construction defect claims against developers anywhere in California. For most cases, we will advance some or all out of pocket costs related to such claims. Claims against home builders must be made timely. Failure to miss an important deadline can result in the loss of some or all legal rights to make a claim and obtain compensation for defective construction. Consequently, it is critically important that you contact one of our construction defect attorneys as soon as you identify any serious construction defects in your home and/or common areas.
Seller's Failure to Disclose Defects or Material Facts
In California, the seller of real estate has an absolute legal duty to disclose all material facts about the property to potential buyers that could materially affect the value or desirability of the property. This is a very broad requirement. Failure to make a complete disclosure can lead to serious financial consequences for the seller. This duty extends to both known facts and matters that a reasonable seller should have known. Material facts include but are not limited to water intrusion and damage, mold, stucco and foundation cracks, other construction defects, pest and animal infestations, faulty appliances, soil contamination, nuisances, and both building and code violations. Even if a material defect has been repaired, it must be disclosed.
California law requires that sellers provide prospective buyers with a Transfer Disclosure Statement (TDS). This is a standard real estate form that requires sellers to provide details about any known defects or disclosable matters. Even if not addressed on the TDS form sellers still have a duty to make a complete disclosure. Most real estate brokers and agents are familiar with the TDS form and requirements.
Buyers can file a lawsuit against the seller and agents if they have been misled or inadequately informed about material facts. Damages can include the cost of repairs, diminution of value, recission of the transaction, attorney fees, and even punitive damages. Punitive damages are more likely to be awarded by a court if it is determined that the failure to disclose was intentional, such a concealment, and not simply a case of negligence.
Our firm represents buyers who have become victims as a result of the failure to disclose material facts. Call us to discuss possible representation on a contingency basis.
What is the California's Right to Repair Act?
California's Right to Repair Act (SB 800) is a law requiring homeowners to follow a specific pre-litigation procedures for construction defect claims on new residential housing, giving the builder the opportunity to inspect and repair any defects before the homeowner can file a lawsuit. This process involves a written notice from the homeowner, inspections by the builder, and offers to repair or settle, followed by a mediation option, before litigation can commence. The Act applies to defects in building components that violate specific construction standards, with different statutes of limitations based on whether the defects patent or latent. The Act applies to new residential construction sold after January 1, 2003. It addresses defects that violate specific standards for water intrusion prevention, structural integrity, mechanical systems, exterior elements, and soil/grading. The Act does not apply to personal injury, breach of contract, or fraud claims. It is the exclusive remedy for construction defect claims that are covered by the Act. See: Construction Defect Statutes of Limitation in California.
After Your Construction Defect Case is Settled
When a construction defect case against a developer is settled or a judgment is obtained, the plaintiffs involvement is not over. At the minimum, the following must be considered:
- Establishing priorities for repairs;
- Approving written repair specifications and bidding instructions;
- Establishing a budget for repairs;
- Obtaining written bids;
- Interviewing general contractors;
- Completing due diligence on general contractors;
- Interviewing construction managers;
- Completing due diligence on construction managers;
- Negotiating the repair contract price, terms, and warranties;
- Drafting the construction contract;
- Drafting the construction management contract;
- Considering upgrades or improvements;
- Evaluating whether the association should borrow funds;
- Making the required Civil Code Disclosure to all members of the association.
The construction defect attorneys with our firm can assist you with the decision process.
HOA Attorney Services - General Counsel
In addition to representing homeowner associations in construction defect claims against developers and home builders, our firm can provide HOAs with legal services and/or advice in the following areas: (1) HOA board training; (2) CC&R violations, interpretation, and enforcement; (3) Reviewing and drafting contracts with vendors and contractors; (4) Drafting and enforcing Operating Rules; (5) Assessment collections; (6) Secret ballot voting for directors, special assessments, and other purposes; (7) Providing Cumis Counsel when your insurance company reserves their rights to pay a claim; (8) Providing general counsel legal services; (9) Advising on litigation or potential litigation; and (10) Being available to mediate disputes.
Construction Defect Attorneys
818-658-1600
†
The information on this site is not, nor intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.
Kayser Law Group serves the following areas:
Los Angeles County, Ventura County, San Fernando Valley, South Bay, Simi Valley, Santa Clarita Valley, San Gabriel Valley, Thousand Oaks, Agoura Hills, Calabasas, Westlake Village, Burbank, Glendale, Santa Monica, Hollywood, Camarillo, Moorpark, Oak Park, California, Newbury Park, Malibu, West Los Angeles, Encino, Tarzana, Oxnard, Pasadena, Woodland Hills, Sherman Oaks, Studio City, Torrance, Inglewood, Beverly Hills, West Hollywood, Santa Clarita, Valencia, Bakersfield, Orange County, Fresno, Long Beach, Ontario, Anaheim, Riverside, San Bernardino, Fontana, Visalia, Rancho Cucamonga, Corona, Lancaster, Palmdale, Victorville, Murrieta, West Covina, Costa Mesa, Downey, Santa Maria, Santa Barbara, Pomona, Stevenson Ranch, San Diego, San Jose, San Francisco, Sacramento, San Jose, Santa Ana, Stockton, Irvine, Chula Vista, Fremont, Modesto, Oxnard, Ventura, Rancho Cucamonga, Camarillo, Hawthorne, Simi Valley, Santa Clara, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Indio, Coachella, Chula Vista, Escondido, Oceanside, Huntington Beach, Antelope Valley, La Verne, San Dimas, Claremont, EI Monte, Baldwin Park, South Pasadena, EI Cajon, National City, San Marcos, Vista, Santee, Hemet, Eastvale, Jurupa Valley, Morongo Valley, Menifee, Perris, Lake Elsinore, Anaheim, Newport Beach, Orange, Laguna, Irvine, Huntington Beach, Yorba Linda, Mission Viejo, Fullerton, Dana Point, Campbell, Coachella Valley
If you searched for any of the following terms, you have found the right website:
Code Violations, Condominiums, Construction Defects, Corrosion, Cracks, Deck Leaks, Defective Construction, Design Defects, Flooding, General Contractor, Improper Sloping, Inadequate Drainage, Inadequate Soil Preparation, Lawsuit Against Developer, Lawsuit Against General Contractor, Moisture, Mold, Peeling Paint, Pipe Leaks, Roof Leaks, Structural Failure, Stucco Cracks, Subsidence, Townhomes, Townhouses, Water Intrusion, Water Ponding, Weep Screeds, Landslides, Earth Movement, Mudslides, Condominiums, Condominium Associations, Homeowner Associations, Construction Defect Attorneys, Contingency Attorneys, Construction Defect Lawsuits, Construction Defect Litigation, HOA Attorneys, Homeowner Association Attorneys, HOA General Counsel, HOA Corporate Counsel, California Construction Defect Attorneys, Common Construction Terms, SB 800, Construction Defect Attorney Near Me