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By filing a defect lawsuit, what type of damages can I recover?


The typical measure of damages obtained in a construction defect suit regarding residential property is the "cost of repair." Thus, a homeowners association may obtain the costs of repairing the defective common areas and any damages that result from the common area defects. Additionally, expert fees and costs for the forensic investigation are recoverable. An association is also entitled to temporary repair costs it may have expended in its attempts to remedy or mitigate the defects. Finally, the costs of relocation are recoverable . Temporary relocation often becomes necessary depending on the extent of the repair work. In rare instances, other types of damages such as punitive damages may be recoverable. Such an instance may be where a developer defendant acted fraudulently by failing to disclose or concealing defects it knew existed at the time of sale.
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Verdicts & Settlements
"Las Brisas Del Rey Homeowners Association $2,300,000.00"
Developer: Warmington Homes
This 117-unit project located in Oxnard experienced water intrusion problems to the windows, roofs and decks. Dicks & Coglianese stepped in and secured a settlement of nearly five times that offered by the Developer after a one-year Calderon process.
Settlement - $2,300,000.00
Duration - 14 months