Construction Defect law in California protects buyers from underhanded or incompetent building practices. Although many construction defect cases can be settled out of court, we prepare every case as if it is going to trial. Our attorneys at Webb & Ord are aggressive Construction Defect litigators. In an earthquake zone like California, it is paramount to prevent and remedy construction defects whenever they are detected.
Breach of Warranty – Expressed or Implied
With an expressed warranty, the builder must live up to the warranty claims in the contract. However, even without an explicit warranty, the property buyer has a legal expectation of quality. A construction firm that has been proven to use improper design, preparation, untrained employees or has demonstrated other disregard for government codes can be sued for Breach of Implied Warranty. The buyer has the right to a reasonably defect-free building on new construction projects.
Along the same lines as a breach of implied warranty, a builder who uses substandard materials, employees or techniques that cause defects that cause damage to the property can be sued. In cases of negligence, the owner may file a lawsuit against any contractor or subcontractor that has worked on the home, even if the current property owner was not the person who hired the contractors (i.e. the home was bought from a 3rd party or original owner).
The construction company is strictly liable for defects to an already existing residential property. This means that if a contractor is hired to add a new bathroom to a home, and ends up causing damage to another part of the house, the builder is responsible for the damages. The builder is responsible for correcting the defect as well as any damages caused (such as water damage from a leak, damage to surrounding walls, ceiling or floor).
California Real Estate and Construction Law is Complex
Put simply, the buyer has a right, under California law, to project free of construction defects. If you need help repairing damages caused by shoddy construction, contact Webb & Ord at 323-462-3736.