OVERVIEW

Disclaimer

    Construction defect litigation is a paper-intensive and complex process that requires attention to detail beyond that of the typical civil lawsuit. The law firm you choose should be large enough to weather the storm of lengthy litigation, yet small enough to give you the attention you need. Experience is key .  Click here to view some sample case results.

   A good construction defect attorney has a broad understanding of the interrelationship between contract law, economics, negotiation skill and the science of construction. A properly handled construction defect case can help prevent the reduction of reserves of a homeowners association, and the need for special assessments. We never lose sight of the economic ramifications of the matters we handle. See the Firm Philosophy .

THE BOARD OF DIRECTORS

   The Board of Directors of a homeowners association is obligated to protect and preserve the common areas, and act prudently when it receives information of potential defects. We offer a free consultation to help make an initial determination of the legal ramifications of such information. This helps protect the Board of Directors from liability for not taking the necessary action to correct a defect.

THE CONSTRUCTION CONTRACT

   When entering into a construction contract, it is important to specifically set forth each term that you expect the contractor to abide by. Don't run the risk that an ambiguity in a contract will be construed against you. Memories have a tendency to fade, and contractual disputes are often addressed years later, so a well-written contract is your best protection.

   Be sure that your construction contract includes descriptions of the exact location(s) on the property where the work is to be performed, the materials to be used, including the names of the manufacturers, and a statement that the contractor will comply with all plans, specifications and building codes.

   The contract should also include a statement that "time is of the essence," in order to obligate the contractor to provide sufficient crew and materials to perform the job efficiently. A "liquidated damages" clause is tied to the time of the essence clause. It is used to calculate your dollar recovery in the event the contractor breaches the contract.

   It is also helpful to include a performance bond, which will act like an insurance policy to allow the owner to have the work completed by another contractor if the original contractor fails to perform its contractual obligations. The agreement should also contain an attorneys fees provision which states that in the event a dispute arises, the prevailing party is entitled to his or her reasonable attorneys' fees and costs.

PURSUING A CLAIM

   We urge individuals who are considering pursuing a construction defect claim to try to organize as large a group as possible to pursue the claim. The larger the group, the more power it is likely to wield. However, on the other hand, it is important not to delay in contacting an attorney, because certain statutes of limitations bar the filing of lawsuits beyond specified deadlines. Furthermore, skilled attorneys act as coordinators to facilitate the organization of the group.

   We custom-tailor a fee arrangement for each case we handle. See attorneys' fees . We will often conduct an extensive investigation of the history of a construction defect matter at no obligation to the prospective client. This is during the initial (and important) "getting to know you" stage of representation. If the investigation reveals that the individuals' claims are well-founded, and if a cooperative and harmonious relationship has developed, the firm will propose an attorney-client contract.

   After the attorney-client contract is executed, a more extensive investigation is conducted. We work closely with experts in the fields of architecture, civil engineering, drainage, plumbing, stucco, roofing and mechanical engineering . Once these individuals have investigated and inspected and formed a theory for the case, we will bring in appraisers and economists to assess the financial effects of the defects. These professionals will work together as a team, to make the best possible presentation of your claim.  View case results .

   We understand that many individuals are concerned that hiring lawyers will delay resolution of their disputes. As explained more fully in the firm philosophy , we believe strongly in the value of settlement of claims, and continue to assess settlement possibilities throughout our representation of a client. Thus, in certain situations, a lawsuit may not be necessary to achieve your goals. Generally, our fees are lower if no lawsuit is filed, because the volume of work we must perform is much less. See Litigation Crash Course to learn more about the process of a lawsuit.

RESOLUTION AND REPAIRS

   If it is determined that a lawsuit is appropriate, we proceed vigorously in preparation for mediation or trial—which is how these matters are typically resolved. Since most matters result in a settlement, the homeowners usually receive a cash payment to spend as they see fit. There are no specific requirements or court supervision over repairs because as the homeowner you are being compensated generally for the loss. The goal is to "make you whole." Most repairs are made over a period of time.