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FAQs

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DETAILED ANSWER

FAQs About Construction Defects

What constitutes a construction defect for which a builder may be legally responsible?
The answer to this question is multi-faceted and broad in scope, ranging from complex structural issues which threaten the integrity of buildings, to aesthetic issues such as improperly painted and deteriorating wood trim around windows.
How can I obtain a monetary recovery against a builder who is bankrupt or out of business?
Over the past several years many builders/developers have declared bankruptcy or have otherwise gone out of business. Fortunately for homeowners, even if a builder is bankrupt or out of business, its insurance carriers remain obligated to defend the developer against...
Will a lawsuit prevent me from selling or refinancing my home?
Certain lenders and mortgage companies have reservations about lending to properties in litigation. However, as these types of lawsuits have grown to be quite common, more and more lenders and mortgage companies have changed their policy in that regard.
Should I premit the builder/developer to make repairs if they are willing to do so?
Nobody's perfect, developers included. It is not uncommon for reputable developers to offer to repair certain construction deficiencies. While this is generally a positive circumstance, a certain degree of caution is warranted. The reality is that you are thereby expecting a company which performed the work inadequately the first time (and perhaps on numerous subsequent occasions) to suddenly do the work properly. Thus, even where the developer has agreed to make repairs, it may still be wise to retain a competent lawyer and/or expert consultant to evaluate and monitor the developer's proposed investigation and repair.
Are there applicable filing deadlines? How long do I have to bring a lawsuit?
California - There are three statutes of limitation which apply to construction defect cases in California. The first such statute (C.C.P. §337.15) requires the homeowners association or homeowner to file suit no more than ten years after "substantial completion" of the home.
Where does an association or homeowner obtain the funds necessary to pursue defect litigation?
Our firm typically advances 100% of the costs and expert fees associated with bringing a claim.
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.

What Clients Say

We are very thankful that you believed in the case

I just wanted to thank you and your staff for all the hard work you did on our case. Nick and I are very appreciative of the time your firm took for us and the other class members. It was a long road to the end but we are very thankful that you believed in the case and continued to support it.

Elayne R. WilsonHomeowner, Cayman Square & Cayman Lane
We are truly grateful

Thank you all for achieving an awesome settlement for Costa Brava! We are truly grateful.

Maureen CrawleyCosta Brava Homeowners Association
Worked hard to back up its promise

Your firm was always optimistic and worked hard to back up its promise to resolve our litigation as expeditiously as possible. During the investigative process, your staff did an excellent job of managing the contractors selected to conduct the invasive testing of our homes.

Marty J. BrandtPresident, the Pueblos At Andersen Springs Association
Made the Board feel confident and well informed at every turn

Construction defect litigation is a long and arduous task, and Mr. Dicks and his team made the Board feel confident and well informed at every turn.

Lennard AnclamPresident of The Board of Directors, Serena Owners Association
We are especially pleased

We are especially pleased with the extent of your ability in protecting your client's rights and the expeditious decision of our case.

Danny Kim, et al Virgil Courts HOA, Inc.
Clearly had the Association's best interests at heart

With our litigation against Wilma Pacific now essentially concluded, I'd like to extend my thanks on behalf of the Camelot Homeowners Association to you and your firm for all of your hard work in driving it to a very successful conclusion. Christopher Coglianese and Jeff Miller deserve much of the thanks for their diligent pursuit of this case and their professional handling of the many issues that arose during the process. I enjoyed working with each of you as I think you clearly had the Association's best interests at heart

Don StevensonPresident, Camelot HOA
Everyone's performance was truly first class.

As we finish our re-construction project, I want to take this opportunity to thank you and Mike and your entire staff for all you have done for our association. Everyone's performance was truly first class. We were treated as though we were your only project. We had your undivided attention.

John KozarovichPresident, SeaCliff Court Homeowner's Association
Diligent expertise in handling our defect case

On behalf of the Board of Directors and homeowners of Morning Sun Condominium Owners Association I would like to express our sincere gratitude for your diligent expertise in handling our defect case.

Nancy P. LucePresident
Verdicts & Settlements

Verdicts & Settlements