What is a construction defect?
A construction defect is a condition that is in violation of any of the following:
(a) uniform building codes; (b) approved architectural plans and specifications;
(c) manufacturer’s installation recommendations; and (d) industry building standards.
What is recoverable in a construction defect lawsuit?
The following costs are recoverable: defect repairs, expert fees, temporary repairs, relocation and possibly attorney’s fees.
What does your free consultation entail?
We do a free site evaluation and initial consultation with the home owner and / or board. Should you proceed to allow Chaix Law to represent your case, a home inspection will be performed at no extra cost to the client.
What are the costs involved in a lawsuit?
We generally represent clients on a contingency fee basis. However, there are case costs and expert fees that will be incurred. These fees can be advanced by our office and repaid out of the lawsuit recovery.
How long does a construction defect lawsuit generally last?
The typical case lasts approximately 18 to 24 months
How often do these cases go to trial?
Approximately 90 to 95% of construction defect cases settle through mediation. This is a series of meetings where a mediator works with all the parties to reach a mutual agreement. Mediation can substantially reduce the time and expenses of the case.
Can I file a claim if I am not the original purchaser of the home from the developer?
Yes. The current owner of the home has the right to file a claim against the developer.
What if the developer is bankrupt or out of business?
The insurance carriers for the developer are obligated to defend any claims for construction defects. An analysis of the insurance policies early in the process is important, as these funds are the only source of claim payment.
How long do I have to file a lawsuit?
In California, you have 10 years to file a lawsuit. During those 10 years, you must file within three years of discovering the defects and four years if the defects are readily observable.