The Law Offices Of Attorney
Peter J. Stubbs, Esq.
California Construction Defect Law
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  • Real Estate and Developer Malpractice
  • Property Damage
  • Construction Defects
  • Contractor Breach of Contract & Negligence

Construction defects lawsuits have increased over the last 20
years, and construction defects litigation is now a major area of
law in California.  There is little question among those involved,
construction litigation attorneys, property managers, construction
experts and homeowners,  that the quality of construction in the
mass produced housing industry is substandard at best, and
disastrous at worst.

The Profit Game

While construction projects without serious deficiencies do exist,
they are the exception to the rule.  Profits are made by getting the
job done as quickly and inexpensively as possible. Developers
often spend money on the cosmetic aspects of a project for
purposes of enhancing sales, at the expense of the structural
aspects, which are hidden within the walls and below the ground.
Contractors will often submit the lowest bid, knowing they can
make a profit by taking shortcuts, and/or by omitting or substituting
materials  called for in the plans and specifications.  Faulty and
improper workmanship by inexperienced, unprofessional
subcontractor employees results in problems down the road for
the homeowner.

Hidden Faults

There is a common misconception that, because a project
appears to be in good shape cosmetically, it must be well built.
Therefore, developers know that appearance must be excellent, or
the units won't sell.  Unfortunately, the most serious problems are
hidden and generally are not capable of being observed by the
average consumer. Absent an inspection by experienced
professional consultants, often requiring destructive inspections
for hidden deficiencies, they will remain hidden until discovered
the hard way.

Fire code omissions, for example, will not be discovered until one
of the buildings burns down. Absent an affirmative inspection,
structural deficiencies will remain hidden until there is an
earthquake.

Liability For Construction Defects

Lawsuits against builders and developers are typically based on
one or more of the following:
  • Breach of contract
  • Breach of express and/or
  • Implied warranties
  • Negligence
  • Strict liability
  • Fraud and Misrepresentation.  

However, in the last few years there have been some significant
developments, both in the courts and the Legislature, directly
affecting the ability of homeowners to recover the cost of repairing
construction defects in their homes including changes in many
statutes of limitations for new homes sold after January 1, 2003.

Conclusion

If your home has construction defects, it is essential to hire an
experienced, knowledgeable attorney.  With almost 3 decades of
legal expertise, Mr. Stubbs will assist you in determining if you
have a case. Contact us today for a Free Consultation.
Sacramento - Roseville, CA
phone: 1-916-481-0605 fax: 1-916-481-6055
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