Holding Negligent Parties Responsible For Construction Defects

Though it is a large undertaking, beginning a construction project can be exciting. Unfortunately, whether occurring during the construction project or years later, construction defects can put a damper on that excitement and cause many challenging and expensive issues. If you have discovered construction defects in your home within 10 years of its construction, Kristy & Kananen can help.

We have years of experience handling a wide range of construction defect cases for individuals and businesses in the Los Angeles area and throughout California. We have a full understanding of what types of defects are the result of faulty construction on the part of the builder, contractor, developer, architect, materials manufacturer and others involved in the construction process. When you enlist Kristy & Kananen‘s help, you get a dedicated advocate on your side who is tireless in the pursuit of a remedy to your situation.

Handling All Types Of Defects

There are numerous defects in workmanship, design and materials that can occur before, during and after the construction process. We work with our clients to assess the defects they are seeing and being impacted by, including:

Water leakage from pipes or in bathrooms
Drywall cracking
Stucco cracking
Concrete cracking
Uneven or cracked foundations
Doors and windows that will not close properly
Improper drainage
Electrical or plumbing problems
Defects in flooring, cabinets and other fixtures
Building code violations
Failure to obtain permits

Expansive Soils Causing Damage

One of the major defects we often handle is expansive soil cases. This is a situation that occurs when water seeps down toward the home’s foundation, causing the underlying and surrounding soil to expand and contract. This can cause the foundation to crack or become uneven, as well as other damage. We work with expert engineers who can evaluate our clients’ soils-related problems.

How Long Does A Construction Lawsuit Take?

What timeline should you expect if you are taking legal action for construction defects? Construction lawsuits typically take between six months to two years to resolve. This time frame varies based on several factors, including:

Case complexity: Simple cases, such as minor construction deficiencies, may settle within months. However, cases involving significant structural issues or multiple responsible parties often take longer.
Investigation and evidence gathering: An investigation is necessary to determine the cause and identify the liable parties. This process involves reviewing contracts, obtaining expert opinions and analyzing building codes.
Resistance from defendants: Construction companies, contractors and insurers often challenge claims, further delaying resolution. If they refuse to settle, the case may proceed to court, adding months or even years to the process.
Court or arbitration proceedings: Many construction disputes are resolved through negotiations. Court schedules and legal procedures can extend the timeline if litigation is required. Some cases may benefit from alternative dispute resolution methods like mediation or arbitration. These may be faster than a trial.

Several key phases contribute to the overall timeline:

Initial investigation and documentation: One to three months
Pre-litigation notice and response period: 30 to 90 days (required by California law)
Filing the lawsuit and preliminary motions: Two to four months
Discovery phase (gathering evidence): Three to six months
Mediation attempts: One to two months
Trial preparation and proceedings: Two to six months

With our experience in construction defect litigation, we have developed effective methods to document defects thoroughly. We can help you avoid costly delays caused by insufficient evidence. Our experienced lawyers work with trusted industry professionals who can quickly identify issues. We partner with respected experts who can provide credible opinions.

We also understand that prolonged construction disputes create financial strain and emotional stress. That is why we focus on building compelling cases early, often convincing opposing parties to negotiate reasonable settlements without extended litigation. When settlement is not possible, our preparation helps ensure we are ready to present your case effectively at trial.

We cannot control every factor affecting your case’s timeline. However, our proactive approach often helps clients reach resolution faster. At the same time, we keep you informed, so you always understand your case’s status and what to expect next.

What To Look For In A Construction Defect Lawyer

When facing construction defects, choosing the right attorney can significantly impact your outcome. Construction defect litigation is complex. It involves technical issues, multiple responsible parties and strict statutes of limitation. Here’s what to consider when selecting legal representation:

Experience with construction defect law: Construction defect lawyers understand building codes, construction contracts and industry standards. They have familiarity with specific defects such as foundation issues or water intrusion.
History of strong results: Past performance often indicates future success in construction defect litigation. Request information about the attorney’s previous cases. This can include settlement amounts and trial verdicts. While every construction defect case is unique, a history of favorable outcomes is preferable.
Communication style and accessibility: Construction defect litigation typically spans months or years. Clear communication is essential throughout the process. During your initial consultation, assess whether the lawyer answers your questions thoroughly. Evaluate their responsiveness and willingness to keep you informed about case developments. The best construction defect lawyers keep clients informed and involved throughout the process.
Knowledge of responsible parties: Construction defect attorneys understand how to identify liable parties. These may include general contractors, subcontractors, architects, engineers, material suppliers and developers. This comprehensive approach to identifying responsible parties maximizes your chances of full recovery. Your lawyer can explain their process for investigating your case to determine who is responsible for your defects.
Understanding of deadlines: California’s statutes of limitation for construction defects are strict. There are different time frames for patent versus latent defects. Your attorney must demonstrate clear knowledge of these deadlines. A construction defect lawyer will explain these limitations. They will work diligently to ensure all filings occur within the required time frames.

These factors can help you choose a construction defect lawyer.

Frequently Seen Questions By Our Long Beach Construction Defect Lawyers

The answers to these common questions can offer clarity to your construction defect case:

How do I know if I have a construction defect case?
What is the statute of limitations on construction defects in California?
When should I hire a construction lawyer?

How do I know if I have a construction defect case?

Construction defects are flaws in your property’s design, quality or materials. Common issues include water leaks, foundation cracks, mold growth or electrical systems problems.

To determine if you have a valid case:

Document the defects: Take detailed notes and photographs of the issues.
Review contracts and warranties: Examine agreements with the construction company to understand their obligations. See if there are potential warranties that cover the work.
Consult professionals: Engage independent inspectors or engineers to assess the severity of the defects.

You may have a legal claim if these evaluations find the construction issues are from negligent work.

What is the statute of limitations on construction defects in California?

California’s law on construction defect claims mandates that patent defects – immediately visible – must be addressed within four years of project completion. Latent defects, which remain hidden and emerge over time, have a more extended window of 10 years from substantial completion. The clock typically starts running from the completion date, but if you discover a latent defect later, the law allows a limited time to act.

Since missing a deadline can mean losing your right to recover damages, it is important to act quickly once you notice an issue.

When should I hire a construction lawyer?

It is best to consult a lawyer immediately after discovering a defect affecting your property’s safety, habitability or value. Many property owners attempt to resolve issues with the construction company first, but legal action may be necessary. If the builder refuses to take responsibility, a construction defect attorney may compel them to take the issue seriously.

Construction defects attorneys can help interpret warranties, determine liability and ensure you comply with California’s legal deadlines. Even if you are in the early stages of investigating a defect, a lawyer’s legal representation can prevent costly mistakes and strengthen your case.

We Can Help You Know Your Rights

You do not have to live with construction defects. Talk to us today, and we can get started on your case. For more information or to schedule your free consultation, call our office at 888-473-0934. You can also contact us online. Spanish language translation services are available.