Irvine Construction Law: Construction Defect Litigation
Reaching the conclusion of a construction project is an exciting milestone. However, it can quickly turn into a frustrating and costly experience when a subcontractor is accused of a construction defect, breach of contract, or negligence claim.
As a builder, contractor or subcontractor, it is important to have a qualified and experienced construction litigation team to help you defend against these claims. At Chung & Reynolds, P.C., we have been protecting the rights of contractors, subcontractors and builders in Irvine and the surrounding communities for over 30 years.
What Are The Most Common Construction Defects In California?
In California, some of the most common construction defects include:
- Latent defects
- Structural integrity problems
- Water intrusion
- Foundation cracks
- Stucco defects
- Roof leaks.
These defects can lead to costly repairs, property value diminution and even remediation costs. Experienced builders, contractors and subcontractors already know that it is essential to be aware of these potential issues and take proactive steps to prevent them. Yet sometimes issues still arise. When they do, our construction law attorneys can provide you with important legal guidance and advice that can protect your legal interests and preserve your reputation in the industry.
Construction Defect Claims: What Does A Property Owner Have To Prove?
To prove a construction defect claim, a property owner must demonstrate that the builder, contractor or subcontractor breached their duty of care. They must also show that the breach of that duty led to damages.
This typically involves establishing the accepted standard of care that is regularly expected in the industry. Next, the owner must show that the defendant failed to meet this established standard of care. Additionally, the owner must show that the failure to meet this accepted standard caused the alleged defect. Finally, the property owner must provide evidence of the resulting damages, such as repair costs, property value diminution or other related expenses.
What Is The Filing Deadline For Construction Defect Claims In California?
Property owners have a limited time to file a claim for damages. In California, the statute of limitations, or filing deadlines, for a defect claim depends on what type of claim is being filed. For example, claims under SB800, also known as the “Right to Repair Act,” have a statute of limitations of 10 years from the date of substantial completion. Other claims, such as those alleging breach of contract or negligence, may have a shorter statute of limitations. An experienced construction defect attorney will be able to better help you understand if a construction defect claim filed against you was within the appropriate time limits.
Defending Against Accusations Of A Construction Defect
When confronted with a construction defect claim, it is important to prepare a robust defense strategy. This may involve retaining an expert witness to testify on your behalf, engaging in construction defect mediation or leveraging the right to repair laws to mitigate damages. At Chung & Reynolds, P.C., our experienced construction litigators have extensive experience in defending builders, contractors and subcontractors against construction defect claims. We tailor our defense based on the facts and circumstances of your case and develop sophisticated strategies to protect your interests.
What Kinds Of Compensation Is Possible In Construction Defect Claims?
In construction defect claims, contractors and subcontractors may be responsible for various types of compensation for damages. These can include:
- Repair costs
- Property value diminution
- Remediation costs
- Punitive damages when warranted
Additionally, if found responsible for negligence, they may also be liable for expert witness testimony fees, construction defect mediation costs and other related expenses. Making sure you have a comprehensive understanding of the potential compensation at stake, will help you thoroughly prepare your case and develop effective defense strategies.
Protecting Your Interests In Construction Negligence Claims
At Chung & Reynolds, P.C., our litigators are adept at negotiating resolutions in complex and high-conflict litigation scenarios. In our construction law cases, we primarily represent subcontractors in breach of contract, negligence or warranty claims. Our construction attorneys have extensive experience in handling and resolving construction defect claims and we are well-versed in the intricacies of California construction law. We understand the importance of protecting your interests and reputation in construction negligence claims, and we are committed to providing aggressive and effective representation to achieve the best possible outcome.
Schedule A Consultation With A Construction Defects Defense Attorney
Our experienced construction defects defense attorneys are available by appointment for consultations. You can schedule an appointment by calling 949-345-1621 or sending an inquiry through our website. We look forward to discussing your case and exploring how we can help you protect your interests.