Construction Defect Attorneys

Overview

Construction defects are defined as work that fails to follow to the contract documents, specifications, or design plans. Construction defect disputes are categorized into 3 separate types: manufacturing, design, and warning defects. Anyone who contributes, builds, supervises, modifies, delivers supplies, or makes improvements to real property is eligible to have a claim taken out on them. Plaintiffs are given 3 years to recover on claims for damaged property and given 1 year to recover on claims for personal injury and wrongful death.

The construction defect attorneys at Flores Ryan, LLP have expertise in every aspect of construction defect claims, procedures, and strategies. We provide the legal expertise to ensure that construction defect claims are properly prepared and filed. Our extensive experience as construction defect attorneys allows us to advance construction defect claims strategically to maximize the likelihood of a rapid and substantial recovery.

ARTICLES

KEY POINTS

All participants in the construction industry i.e., developers, design professionals, site improvers, contractors, subcontractors, and suppliers all have potential liability for construction defects. The liabilities involved can range from personal injury and property damage to commercial loss.
There are 3 different types of construction defects: (1) a manufacturing defect is a flaw in the manufacturing process resulting in a product that differs from the manufacturer's intended result; (2) a design defect is a product perfectly manufactured but unsafe because of the absence of a safety device; and (3) a defect in instructions or warnings, a product may be dangerous because it lacks adequate warnings or instructions.
To address the problem of mold in California buildings, the legislature passed the Toxic Mold Protection Act of 2001 which authorized the Department of Health Services (DHS) to develop permissible exposure limits, standards for assessment in indoor environments, and standards for identification and remediation. The Act requires commercial landlords and tenants to disclose and remediate mold conditions as well as water intrusions and flood conditions.
A construction defect can be anything falling under the general categories of improper site selection, faulty landfill testing and operations, poorly designed plans and utility systems, faulty workmanship, improper materials selection, failure to follow engineering recommendations, and variance from plans and more.
A builder, seller, or realtor may be liable in negligence, implied warranty, strict liability, nuisance, or fraud for any mold condition attributable to a construction defect that materially affects the property's value or the health and safety of the occupants.
Civil Procedure Code section 337.1 requires actions arising from patent defects to be brought within 4 years; whereas section 337.15 allows 10 years to file a suit based upon latent construction or design defects.

FORMS

Below you can generate the following forms that are applicable to mechanics liens: