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California Construction Defect Litigation and Arbitration
You’ve built the house of your dreams. But after a couple of months or years, problems start emerging. The roof or windows leak, the stucco is cracking, tiles start to crack, the balcony is ponding and seems unstable, and water is pooling around the foundation of the house. Whatever the construction defect might be, it’s a nightmare for you.
To make matters worse, your builder opted not to engage in a hard-to-understand construction defect pre-claim process. To add insult to injury, the builder has ignored your warranty requests, not appeared at the promised time, or offered a band-aid fix that would not address the cause of the damage. Now What?
Construction Defect Arbitration
It’s not uncommon for construction contracts to have a clause requiring that, in the event of a dispute, the parties will submit to arbitration. An arbitration clause usually waives a right to a trial by jury and instead binds the parties to submit the matter to a neutral third party who will decide the dispute.
While arbitration may seem like a daunting process, it’s straightforward. The parties agree to a schedule for the investigation of the claim and expert disclosure of opinions and claims. The hearing is generally a multi-day process and is much faster than getting bogged down in civil court.
Procedures vary slightly depending on the value of the claims that are being arbitrated. Homeowners and contractors generally like the fact that claims are resolved relatively quickly when utilizing the arbitration process.
The time period (statutes of limitations) for which contractors are accountable to residential homeowners and Homeowners Associations for construction defects is complicated and depends upon specific facts. Lawsuits can be pursued pursuant to state statutes, an express contractual warranty, a common law theory of implied warranty, or under the doctrines of strict liability (CA) or negligence.
Litigation is often the legal action of last resort, and for good reason. First, a typical construction defect lawsuit takes approximately 18 to 24 months to move through the court system, though the vast majority of cases are resolved before trial through negotiation and mediation. Second, litigation is an extremely expensive proposition.
Nonetheless, if litigation is the best option for you, Chaix Law has real courtroom experience and prepares your case to be “trial ready” from the outset.
Contact California Firm Chaix Law For Help With Construction Defect Litigation and Arbitration
If construction defect arbitration or litigation is the best choice for you, Chaix Law has over 25 years of experience and over $100 million in recoveries for our clients. We are one of the leading construction defect law firms in California, exclusively representing homeowners and Homeowners Associations. Contact us today.