Our firm offers construction defect seminars in person or by Zoom to members of homeowner associations anywhere in California who believe their homes and/or association common areas have construction defects.

Call to arrange a convenient time at your location or by Zoom

Topics to be covered:

• Who is legally responsible for defective construction and mold.
• What is included in the definition of construction defects.
• How do we prove that construction is defective
• How much will it cost.
• Duty of plaintiff to mitigate damages.
• Legal representation on a contingency basis.
• Developer's Breach of Fiduciary Duty.
• What must be disclosed.
• What are the most common construction defects we find.
• What happens if the developer has no money or files for bankruptcy.
• What is the legal process including mediation, arbitration and litigation.
• What options are available.
• When are punitive damages appropriate.

 

There will also be a question and answer session designed to answer your questions.

Associations and property owners should know their legal rights and not be misled or intimidated when attempting to seek redress for construction defects. We are available to assist you in this regard. We are homeowner/consumer advocates.

Many homeowner associations and homeowners in California new home developments are finding that the  common areas of their communities and their individual homes have construction defects which are not attributable to the lack of ordinary maintenance. These construction defects include roof leaks, deck leaks, mold infestations, deteriorating streets, improper drainage, structural failure, inadequate soil preparation, faulty electrical wiring, insufficient insulation and sound proofing, inadequate equipment, cracked slabs, peeling paint and other defects too numerous to list. The construction defects can be caused by poor design, poor construction, poor choice of materials or defective materials.

Nearly all CC&Rs impose upon homeowner associations the duty to maintain and repair the common areas. Legally, this duty includes paying for the correction of defective conditions, including those set forth above. These repairs, which can be quite expensive, can be paid for in several ways:

First, the association can pay for the cost of repairs out of its reserves. However, in most cases reserves are insufficient.

Second, the amount required to pay the cost of repairs can be obtained by specially assessing the individual homeowners or borrowing funds.

Third, the association may seek redress from the builder who in many cases is legally responsible for the cost of repairs. •

For additional information, please contact us.