What is a construction defect?

“Construction defect” is a term used when identifying areas where contractors failed to comply with approved plans, specifications, applicable codes, manufacturer’s installation instructions and/or industry standards. Defects are usually identified as a result of damage to property due to contractors’ improper work. Also included in construction defects are the improper plating and compaction of soils that result in soil movement. The soil movement may result in landslides or damage to structures that sit on top of the soil itself.

How long do I have to file a lawsuit?

Regardless of the builder’s express warranty, various California statutes extend the time in which a homeowner can file a construction defect claim. This extension depends on the defect, and the degree to which it is obvious (patent) or hidden (latent).   However, a construction defect claim cannot be brought more than 10 years after substantial completion of the improvement, and depending on the defect, you may only have 1 or 2 years after noticing the damage.

The statute of limitations within that 10 year period may depend on what type of defect exists.  We highly recommend you consult with an attorney to ensure you are protected and that your time to file a claim will not lapse.

What are the typical signs of construction defects?

Typical signs of construction defects include but are not limited to significant stucco cracks, window leaks, interior drywall cracks, cracked or breaking flatwork, dry rot, missing insulation, poor drainage, and soil movement.

How do I know if I have a valid construction defect claim?

You can contact the Law Offices of Michael A. Hearn for an onsite inspection, meeting and multi-phase investigation concerning a potential construction defect lawsuit at no cost.