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Construction Defect

 

If you are a homeowner, homeowners’ association or commercial property owner confronting defective construction, contact the San Diego labor attorneys at the JCL Law Firm. Since 2010, The JCL Law Firm has successfully recovered tens of millions of dollars on behalf of California property owners for construction defects. The JCL Law Firm represents single family homeowners, homeowners associations and commercial property owners in complex construction defect litigation throughout California, including San Diego, Irvine, Costa Mesa, Santa Ana, Anaheim, Los Angeles, San Jose, San Francisco, Oakland, Sacramento, Orange County, Imperial County, San Bernardino County, Solano County, Contra Costa County, Napa County, Sonoma County, Marin County, Santa Barbara County, Alameda County, Santa Clara County and Riverside County. If you believe your property suffers from a construction defect, call the JCL Law Firm at 1-888-498-6999 for a free consultation.

A “Construction Defect” is a legal term of art encompassing many different types of building deficiencies. A “construction defect” can include building code violations caused by original construction, variations from approved building plans, poor workmanship and defective building materials, just to name a few. Not every “construction defect” is actionable under California law. That is, a property owner cannot always sue his or her builder or contractor merely because his or her property contains a “construction defect.” It is important to consult with an experienced construction defect attorney to properly evaluate your claim and legal rights.

Depending on the nature of the defect and the type of legal claim asserted, California property owners have as little as one year and as much as ten years from the date the work was substantially completed.

Depending on the type of property at issue, there are various statutory, and potentially contractual, prelitigation requirements that a property owner must comply with prior to filing a construction defect action. If a property owner fails to comply with the applicable prelitigation process, the property owner may be barred from bringing an action altogether or reduce the amount of damages the property owner may seek in the action. Consequently, property owners should consult with the experienced construction defect attorneys at the JCL Law Firm for a free case consultation before commencing a construction defect lawsuit.

Generally, property owners are entitled to recover (1) the cost to repair the construction defect; (2) a reasonable portion of expenses incurred to investigate the nature, scope and appropriate repair methodology of the construction defect; (3) relocation expenses necessarily incurred during the repair process and; (4) the value to replace damaged or destroyed personal or real property caused by the construction defect. If provided for by a contract, a property owner may recover attorneys’ fees.

Attorney Jean-Claude Lapuyade has been recognized as a Construction Litigation, Super Lawyer® Rising Star by Thompson Reuters in 2015, 2016, 2017 and, again, in 2018. To be eligible for inclusion as a Rising Star, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of eligible California attorneys are named to the annual Rising Star list.

Additionally, Mr. Lapuyade brings successful appellate experience championing property owner rights in construction defect actions. In the landmark construction defect case Blanchette v. Superior Court (GHA Homes), 8 Cal.App.5th 521 (2017), the Court of Appeals agreed with Mr. Lapuyade and held that, a homeowner is relieved from prelitigation requirements and may file an action where a builder fails to timely acknowledge the homeowners prelitigation notice of claim.

The attorneys at the JCL Law Firm strive to exceed client expectations. The firm emphasizes a well-planned, thorough, yet cost-effective investigation, coupled with aggressive legal representation to achieve this goal. The firm represents our construction defect clients on a contingency basis. This means we don’t get paid a legal fee unless we recover money for you, our client. In most cases, we advance the costs of litigation. Therefore, there are no upfront costs to the firm’s clients. If you believe your property suffers from a construction defect, call the JCL Law Firm at 1-888-498-6999 for a free consultation.