Who is Responsible for Construction Defects in California?

Who is Responsible for Construction Defects in California?

Construction defects, unfortunately, happen. If a homeowner finds a construction defect in their newly build home, who is responsible? The homeowner? The homeowner’s association? The contractor? Well, there are different ways to determine liability and responsibility when it comes to a construction defect.

If there is negligence, the law says the developer or general contractor is liable if negligent work was done, especially if it could lead to injury.

A builder or developer can be used if homeowners believe there was a breach of contract involved with a defect – same thing for breach of warranty.

Many places have liability strictly on the general contractor. In a strict liability case, the plaintiff doesn’t have to prove the contractor/developer was negligent.

A developer or contractor can be liable if there was fraud or misrepresentation of his/her work or quality of work.

Overall, who is liable is dependent 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.

If you find a construction defect, there’s a timeline determined by statutes of limitation in which you can report it. In California, homes that have a substantial completion date or close of escrow date after January 1, 2003 are governed by Civil Code Section 895, et seq. This statute contains one-, two-, four-, five-, and ten-year statutes of limitations. For example, irrigation and drainage problems is one year to claim while deterioration of building surfaces is up to five years to claim.

Did You Find Construction Defect in California?

If you’re a homeowner or association seeking representation in construction defect litigation, our law firm based in San Diego can help represent you. Likely, the general contractor of developer is liable.

We have more than 35 years of experience handling and winning construction defect cases. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page for more information. We work with clients in Los Angeles, Orange County, Riverside, San Bernardino.