When you invest in a home, you rightfully expect a well-constructed property that will stand the test of time. Unfortunately, construction defects can undermine the integrity and safety of your home, leading to significant damage and costly repairs. At ACTS LAW, LLP, we specialize in providing effective legal representation for those facing construction defect claims.
Understanding Construction Defects: Protecting Your Rights
Construction defects can range from minor issues like scratched tiles to more serious problems like a sinking foundation. These defects, even if not immediately apparent, can cause long-term damage and diminish the value of your property. Insurance companies often define construction defects as design deficiencies, defective building materials, poor workmanship, lack of maintenance, and sometimes subsurface deficiencies.
Design Deficiencies: When an architect or engineer’s plans result in a building that fails to perform as intended, it can be considered a design deficiency. For example, an improper design may lead to water intrusion.
Defective Building Materials: Damaged building materials can contribute to construction defects. Often, the defect is discovered after the material is used, which can increase the cost of replacing it.
Poor Workmanship: Poor workmanship refers to errors made during the construction process, such as improper installation of plumbing or electrical systems. While some poor workmanship issues may be purely aesthetic, others can have more severe consequences, including compromising the structural integrity of the building.
Lack of Maintenance: Failure to properly maintain a property after construction can lead to issues like frozen pipes and other problems. Regular maintenance is essential for preserving the longevity of the property.
Subsurface Deficiencies: Houses built on hills or areas with expansive soil can experience subsurface deficiencies. Proper soil compaction and adequate drainage are crucial to prevent problems like settling or landslides.
Identifying Construction Defects: Protecting Your Investment
Construction defects can significantly devalue your home, and while some defects are apparent (patent), others may remain hidden until years later (latent). Some common signs of defects include:
Other defects may be less noticeable, such as abnormal deterioration of stucco or siding, subtle cracks in ceramic floors or countertops, roof leaks that worsen over time, and drainage issues in hardscaping.
Major defects and damages may include improperly compacted soil, soil subsidence, slope creep, sinking or failing foundations, pinhole copper pipe leaks, and more. Subsidence, particularly in areas like San Bernardino, can lead to significant damage when groundwater causes the underlying rock to collapse.
Protect Your Rights with Los Angeles Property Damage Lawyers
If you are facing construction defects, our skilled attorneys are here to protect your rights and seek the compensation you deserve. Contact ACTS LAW, LLP for a confidential consultation. We will review your case, explore legal options, and advocate on your behalf. Call us today or reach out through our online contact form to get started on resolving your construction defect claim.
Protecting Property Owners’ Rights: Soil Problems and Water Intrusion
At ACTS LAW, LLP, we are dedicated to defending the rights of property owners affected by construction defects. Soil problems and water intrusion are two major issues that can cause extensive long-term damage to your home, compromising its stability and structural integrity. Understanding these defects is crucial in safeguarding your investment.
Soil Problems: Signs and Impact
Soil problems can lead to shifting, sinking, and cracking of your home’s foundation, which can have detrimental effects on the overall structure. Indicators of soil and foundation issues include:
Water Intrusion: Sources and Warning Signs
Water intrusion occurs when water infiltrates the building envelope through various sources such as decks, balconies, roofs, windows, and doors. Key signs of water intrusion include:
Water intrusion can be caused by damaged building materials, poor workmanship, or defective design.
Pinhole Copper Pipe Leaks: a Hidden Threat
Pinhole leaks, tiny openings in copper pipes, pose a significant risk to the entire plumbing system. These leaks occur when corrosion within the pipe reaches the exterior, often due to high water velocity or improperly placed pipe fittings. Dripping sounds, increased water bills, and signs of mildew or water stains on walls are indications of pinhole leaks. Burst pipes can lead to extensive and costly water damage, especially in upper floors.
The Commonality of Construction Defects
Construction defects are more prevalent during building booms when there is a shortage of qualified labor and supplies. In certain instances, such as after Hurricane Katrina, substandard construction materials were imported, causing serious health issues and resulting legal action. In California, rapid population growth in the past decades led to numerous construction defects due to a scarcity of skilled workers and shortcuts taken by contractors.
Assessing the Cause and Extent of Damage
Determining the cause of defects and the full extent of damage can be challenging. Some developers and contractors may cut corners during construction, making it difficult to establish liability in court. Additionally, providing evidence of the complete damage can be complex.
Filing a Successful Construction Defect Claim
California Senate Bill 800 (SB 800), also known as the Right to Repair Act, grants homeowners the right to pursue legal action against builders for construction defects. To ensure a successful claim, homeowners must adhere to specific processes outlined in the bill, such as providing written notice of the defects and maintaining their properties. The statute of limitations varies based on the type of defect, ranging from several years for obvious issues to 10 years for hidden problems. Construction experts play a vital role in investigating the defects, determining the cause, and providing testimony regarding the necessary repairs and associated costs.
Recovering Damages for Construction Defects
Plaintiffs filing construction defect claims can seek compensation for the cost of repairs, the decline in the home’s value, and the “loss of use” during repairs. If a catastrophic injury resulted from the defect, medical bills and lost wages may also be included. Homeowners may be eligible for reimbursement of repair costs incurred while the lawsuit is pending. The responsible party’s insurance company typically covers the damages, although subcontractors, suppliers, architects, and engineers may also bear liability. Complexities arise when multiple parties and insurance policies are involved, necessitating experienced legal representation familiar with insurance law.
Trust Our Experienced Team of Property Damage Lawyers
At ACTS LAW, LLP, our Los Angeles construction defect lawyers are committed to protecting the rights of victims impacted by property damage. We provide aggressive legal counsel, even in complex cases, and offer a free initial consultation. Contact us online or call 833-228-7529 to schedule an appointment. Our services extend to clients in Los Angeles County and Orange County, including Beverly Hills, Calabasas, Malibu, Newport Beach, and Santa Monica.
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