Long Beach Construction Defects Lawyer

Holding Builders Responsible For Construction Defects

California law holds developers and builders of homes responsible for material defects in their construction. This is true even when a defect is not apparent at the time the home is sold. Many types of defects do not become apparent until years after a home’s construction. Fortunately, in many cases, California law allows buyers to sue the builder up to 10 years after the home’s construction.

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

During construction, numerous defects in workmanship, design and materials can occur. The resulting damage to the home may not be immediately apparent, and can include:

• Cracks in drywall
• Cracks in stucco
• Cracks in concrete
• Uneven floors
• Hollow or cracked tiles
• Doors or windows not closing properly
• Improper drainage
• Faulty electrical systems
• Faulty plumbing

Expansive Soils Causing Damage

We have handled many cases in which expansive soil has caused damage to homes. This occurs when rainwater seeps through the soil around and under the house. Expansive soil tends to expand when wet, then contract after drying. Unless the home’s foundation is engineered to withstand such forces, the house may experience movement, resulting in interior and exterior cracks, among other damage. We work with expert engineers who can evaluate our clients’ soils-related problems and design solutions to them.

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: Construction-defect lawsuits sometimes resolve within a year, but often take longer. This time frame varies, depending on the case’s complexity and the number and types of defects.
• Investigation and evidence-gathering: An investigation is necessary to determine the cause of damage to the home and identify the liable parties. This process includes an in-person inspection of the home, a review of contracts, and obtaining expert opinions, and typically takes between 30 and 90 days.
• 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 trials and arbitration proceedings: We file most of our lawsuits for our clients in California Superior Court. Once the proper defendants have responded to the lawsuit, a period of “discovery” follows: both sides exchange information relating to their claims or defenses. We prepare for trial, should it be necessary. As the case proceeds through the litigation process, there are usually opportunities for the two sides to discuss settlement of the case – usually within the first year of the lawsuit. Trial or arbitration may take up to two years – and sometimes longer – to complete.
• The litigation process:
  1. We typically file a lawsuit for each construction-defect case we take. We then promptly begin preparing for trial through the civil-discovery process.
  2. Mediation: Almost always, there will be an opportunity for the plaintiff-homeowners to attempt to negotiate a settlement with the defendant-builder. A neutral mediator facilitates the process. The vast majority of construction-defect cases settle before trial.

Several key phases contribute to the typical overall timeline:

• Initial investigation and documentation: One to three months
• Pre-litigation notice and response period: 30 to 90 days (California law permits a builder to attempt repairs before litigation commences)
• Filing and serving the lawsuit and obtaining a trial date: Two to five months, depending on whether the builder attempts repairs and the court’s schedule
• Civil discovery phase, including written discovery and depositions of parties and their experts: 10 to 24 months after the case is filed
• Mediation: Usually within nine to 18 months after a lawsuit is filed
• Trial (if necessary): Beginning anywhere from 9 months to three years from the filing of the lawsuit, and lasting from two to eight weeks (depending on the number of parties)

Through our decades of experience in construction-defect litigation, we have developed effective methods to thoroughly document defects. Our experienced lawyers work with trusted, experienced industry professionals who can quickly identify defects and their causes. We partner with respected experts who can provide credible opinions at trial.

We also understand that prolonged construction disputes create financial strain and emotional stress. We focus on building compelling cases – well supported by expert opinion – as early as possible. We strive to position your case for settlement. When settlement is not possible, our preparation helps ensure we are ready to present your case effectively to a jury.

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 will 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 faced with defective construction of your home, choosing the right attorney can significantly impact your outcome. Construction defect litigation is complex. It often involves scientific and technical issues, multiple responsible parties, and multiple statutes of limitation. Here’s what to consider when selecting legal representation:

• Experience with construction defect law: Effective construction defect lawyers understand the law applicable to multiple categories of defects. They also have familiarity with a wide range of specific defects, such as expansive soil, foundation issues, and damaged flooring.
• History of strong results: 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.
• 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 should explain their process for investigating your case to determine who is responsible for your defects.
• Understanding of deadlines: California has multiple statutes of limitation for various construction defects. Effective attorneys understand these deadlines.

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 legal case for construction defects?
• What is the statute of limitations on construction defects in California?
• When should I consult a construction lawyer?

Construction-defect attorneys can evaluate defects, help interpret warranties, determine who is liable for the defects, 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

Home buyers are often unaware of their rights. The builder may have promised to patch any damage, even after the first year – then later abandoned the buyer. Or the builder may falsely claim that the “home warranty” will cover any damage from defects. All too often, even very reputable builders abandon their homebuyers.

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 866-981-1498. You can also contact us online. Spanish language translation services are available.