Construction Defects
Allegations of construction defects are a major area of construction litigation, and one of the main areas of focus for the attorneys at the Mission Viejo law office of Andrade & Associates, as they represent developers, contractors, and insurance companies in the construction industry in Los Angeles and Orange Counties, throughout Southern California, and statewide.
Construction defects can occur when developers take short cuts in the design or construction in order to save time or money on a project. Common claims involve contractors not following architectural plans or using cheaper materials than what are called for. There are a host of activities which can create a construction defect, involving every phase of the project:
- Defective design
- Defective materials
- Poor workmanship
- Negligent siting, soil and slope instability, inadequate drainage or runoff
- Structural defects, stressed metal
- Faulty wiring, plumbing, ventilation systems
- Poorly laid foundation - faulty fill, cement mixed improperly
Given the wide range of causes which can create construction defects, nearly all the different entities involved in a construction project may have to face a construction defect lawsuit, including subcontractors, suppliers, and design professionals such as architects and engineers. The developer and general contractor are often seen as ultimately responsible and are commonly brought into the suit in addition to whoever else is deemed responsible for the alleged defect.
The consequences of a construction defect can be very serious, ranging from falling objects and toxic exposure to building collapses, explosions, fires and electrocution. However, not every accident can be blamed on a construction defect. The occupant of the building may have overloaded or overcrowded the space or otherwise misused the building. Likewise, the building may not have been well-maintained or regularly inspected, with items in need of repair addressed in a timely manner.
Unique Issues
Construction defect litigation has many unique issues that separate it from general civil litigation and require the expertise the of an experienced construction law attorney. For instance, not all defects are patently obvious at the time they are created; some defects may become apparent months or years after the project has been completed. In the case of such latent defects, issues of the applicable statute of limitations or statute of repose can be decisive key issues. Also, California law regarding the right to repair or the right to cure a defect can also have a profound impact on a construction-related lawsuit.
Unique Experience
The law firm of Andrade & Associates offers a rare combination of capable, experienced attorneys who are also licensed contractors and engineers and have a practical, real-world understanding of construction projects. This dual expertise enables us to resolve construction defect disputes effectively and efficiently. If you are involved in construction defect litigation, contact Andrade & Associates for a free consultation regarding how we may be able to help you.
