If you’ve discovered a construction defect in your California home or business, it can be stressful and can raise immediate questions about who might be responsible for the repairs. You may be wondering: who is liable for construction defects in California? Depending upon whether the defect stems from poor workmanship, design flaws, or faulty materials, liability often rests with builders, developers, contractors, or design professionals.
Who Is Liable for Construction Defects in California?
If you believe you have found a defect along the construction chain, the primary parties that may be responsible include:
- Developers. They may be held responsible for the overall planning and approval of the construction project.
- General Contractors. They are usually responsible for overseeing the construction quality and making sure the project meets the applicable building codes.
- Subcontractors. They may be liable for specific trade work, including plumbing, roofing, or electrical. If poor workmanship is involved, a subcontractor may be responsible.
- Design Professionals. Architects or engineers may be liable for design flaws, code violations, or improper specifications with a project.
- Material Manufacturers & Suppliers. These entities may be responsible if substandard or defective building materials caused the defect that the homeowner uncovered.
For more specific legal advice based on your specific situation, contact a legal professional. They can identify the responsible party or parties based on your individual case and defects.
Strict Liability in California
In our state, for residential construction projects, builders and developers can be held strictly liable for defects. This means that a homeowner does not need to prove negligence to recover their losses. They only need to prove that a defect exists and caused damage for which they can be compensated. There were 302 construction complaints filed against licensed contractors in 2023-2024, according to the California Contractors State License Board (CSLB).
Your Potential Legal Remedy
Under California’s Right to Repair Act, property owners can hold parties accountable for subpar work. You must provide the builder with a Notice of Claim pursuant to California Civil Code § 910, which gives the builder a chance to inspect and then repair the supposed defect before you file a claim.
However, acting quickly is important. Typically, you have a short period of time to file a claim for obvious defects, while you have a longer period of time to file a claim based on hidden defects. It is worth speaking with an attorney to make sure you are filing a claim before the deadline expires. An experienced California attorney can build a strong case for your recovery of damages as well.
If You Need to Hire a Construction Defects Lawyer, Choose Kristy & Kananen
At Kristy & Kananen, we exclusively represent homeowners who need aggressive support to hold developers and contractors accountable. From Long Beach to Torrance, our team is ready to protect your investment from substandard workmanship. We handle a wide variety of construction defect claims, including breach of contract and damage from expansive soil issues.
While we strive to resolve construction disputes efficiently through strategic negotiations, we are seasoned trial lawyers. We have extensive experience in courtrooms across California. We never back down, and if an at-fault party won’t take responsibility for their defects, we have the “true grit” to take your case to trial. That way, we can pursue full compensation necessary to restore your property.
In construction defect cases, timing is everything due to strict claims deadlines. We are ready to discuss your available legal options and remedies. Contact us today for a no-cost consultation to discuss your circumstances and learn how we can help you move forward.
FAQs
How Do I Know if I Have a Valid Construction Defect Claim?
You will know if you have a valid construction defect claim if you have design or structural flaws that cause physical damage to your home or compromise its functionality. A legal professional can investigate your situation and help determine whether you have a valid claim, and discuss your homeowner rights.
Be sure to document everything and reach out to an experienced construction defect lawyer to discuss whether you have grounds for a claim.
What Should I Expect From My Construction Defect Lawyer?
You should expect that your construction defect lawyer can provide you with a legal strategy that is tailored to your specific case. They should evaluate whether you have a valid claim for a construction defect and evaluate your likelihood of success if you proceed with a claim. They should conduct a site investigation, discuss the Right to Repair Act with you, and provide ongoing communication as your case progresses.
Who Is Liable If Defects Are Found After a Home Inspection in California?
In California, finding a significant defect after a home inspection does not mean you are responsible for the costs of a repair alone. Depending on the type of defect and who knew about it, liability typically rests with the seller, their realtor, or the inspector.
Contact a trusted construction defect lawyer to discuss your homeowner rights and to hear more about your available options if you discover a substantial defect after a home inspection in California.
What Are Some Defects That Can Warrant a Construction Defect Claim?
There are many types of defects that can warrant a construction defect claim. One issue our firm handles is building damage due to expansive soil. If the foundation isn’t properly built to withstand movement due to expansive soils, structural damage can result. Other defects we encounter include faulty electrical or plumbing systems, cracked or uneven floors, drainage problems, and windows and doors not closing properly.
California Construction Defects Attorney
Californians trust us for their construction defect recovery. Don’t try to handle a construction defect case alone when you can hire a construction defects lawyer. Our firm understands the complex defect laws in California and can pursue compensation for your homeowner recovery.
Don’t settle for subpar workmanship. When you need help after uncovering a defect with your home, give us a call. Many people are unaware of their homeowner rights and need reliable attorney assistance.
Contact Kristy & Kananen to discuss your construction defect case at a free consultation.
