Common 3 Questions Regarding Construction Defect Litigation in San Diego
Common 3 Questions Regarding Construction Defect Litigation in San Diego
Our construction defect law firm based in San Diego wanted to share with you common questions we get that will help you understand more about what we do and the construction defect litigation process.
Q: What kind of damages can be recovered in a construction defect case?
A: Usually in a construction defect action you can recover for the cost of repair, or the value of the reduction in value of the property, whichever is less, subject to certain factors that may increase your recovery. Because a community association is generally required by its CC & R’s to maintain and repair common areas, the typical measure of damages is the cost to repair. Other potentially recoverable damages include the cost of investigation, relocation and storage, and other costs recoverable by contract or statute. Punitive damages are also available in cases in which fraudulent misrepresentation or fraudulent concealment is found.
Q: Who is legally responsible for defective construction?
A: Depending on the facts, the developer, the general contractor, design professionals and engineers, relevant subcontractors, and material suppliers can all be liable, and usually they are insured.
Q: How do I differentiate between a construction defect and a maintenance issue?
A: Typically, an expert consultant is retained to analyze the conditions, and a determination is made as to whether the condition is one of deficient design, improper construction, or inadequate maintenance. Often we find that the problems people consider to be maintenance issues are created by defects in the original construction.
Our law firm represents homeowner associations, high/mid-rise condominium and condominium conversion associations, single and multifamily residential homes and commercial property owners in construction defect litigation. We have over 37 years of experience handling significant construction cases with complex issues.
We look forward to hearing from you and letting you know if we can take on your case.
If you need more information on construction defects, visit our construction defect litigation page. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page.