Signs of Future Expensive Problems: Improper Construction Practices Leads to Money Out of Your Pocket

Imagine the following situation:
      Almost ten years ago, "Ms. Jones" purchased a home in San Diego, California that she absolutely adored. She bought it because it was beautiful in its architecture and design. At the time, she thought she got her money's worth. However, just recently, Ms. Jones noticed some cracking around the interior wooden framing of the windows in her breakfast nook, as well as some moisture at the base of the wall. As her concerns grew, she decided to call an attorney whose practice involves residential construction defects. Construction experts were then hired who specialize in identifying the cause of problems resulting from improper construction practice and procedure. The next step was to schedule a date for the experts to come out and remove portions of the drywall in the breakfast nook to take a necessary intrusive look at what might be the cause of Ms. Jones's troubles.
      On the date scheduled to inspect the possible problem(s), the experts carefully removed the portions of drywall around the suspected area. Upon opening of the selected areas, the experts were shocked at what they found. The entire wall cavity was saturated and full of toxic mold. Apparently, due to the manner in which Ms. Jones's master bathroom shower was originally constructed, a miniature waterfall was pouring into the walls that housed her breakfast nook each time she took a shower. It was determined that the cause of the problem originated from the way in which her shower and related component assemblies were installed by the tile subcontractor who was hired by the developer/builder of her home during initial construction.
      Ms. Jones lives in a two story home with the breakfast nook situated in the front corner. After the mold abatement crew completed the necessary work to rid her house of the large quantities of toxic mold that grew there, contractors were called in to essentially re-frame the lower structure of her house to properly support its second level. As a result of the improper construction of the shower assemblies, Ms. Jones's home underwent repairs that cost over twenty thousand ($20,000.00) dollars. The happy ending of the story is that her attorney recovered enough money from the developer and the subcontractors who performed the defective initial construction to enable Ms. Jones to make these critical repairs without any out of pocket expense.
      Although this is a hypothetical situation, real life events exactly like this take place every single day in California. People are increasingly finding out that their homes, their single largest investments, were not properly constructed and that tens of thousands of dollars will be required to repair these defective conditions.
      If you are a homeowner, several questions would come to mind when a situation like the one above occurs:
      First, "How do I take preventive action to avoid a disaster like the one Ms. Jones encountered?"
      Second, "How do I identify symptoms of construction defects or design deficiencies?"
      Third, "What do I do when I suspect that my home may not have been built according to standard?"
      Fourth, "Do I (and for how long do I) have any legal rights against the builder of my home for defective construction?"
      The answers to the above questions are fairly simple for the most part. A smart initial step is to take a careful look around your home for conditions that may appear to be abnormal. It doesn't hurt to be overly observant about potential problems simply because most homeowners are not well versed in defective construction. The next logical step is to employ an experienced contractor or construction defect attorney to either confirm or ease your fears about problems that may exist in your home from defective construction. It's essential for a homeowner to be able to recover the cost of repairing a construction defect that could run into the tens of thousands of dollars from the developer of that home simply because most homeowners can't afford to pay for such large repairs.
      The law and our judicial system are often the only viable alternatives for recovery of monies spent and/or needed for repairs of defects due to the sub-standard building practices of the developer of your property. If your construction expert determines that there may be defective initial construction, it's important to take legal action as soon as possible. The law in California bars the recovery for damages relating to construction defects in three different manners:
      First, a homeowner generally has three (3) years from the date he or she discovered the actual defect(s) in their home to file a lawsuit.
      Second, a homeowner has four (4) years to file a lawsuit related to any warranty or contract issues with the developer of his or her home for any suspected breaches of that warranty.
      Third, and most important, a homeowner has no more than ten (10) years from the date his or her property was built to recover damages for any construction defects that may exist within their home.
      The process of being a homeowner and a consumer in today's society is a proactive one. The law benefits homeowners with respect to actual damages caused by defective construction of their homes by the developer of the property. Although every developer has an obligation to sell an individual or family a home free of problems or defects, don't make the assumption that this always occurs. A defectively constructed home may ultimately cost more than you ever bargained for.

Disclaimer- These materials prepared by Shinnick & Ryan LLP are for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.  [Full Disclaimer]

Any problems with this site, please contact our administrator - hfrasch@ssllplaw.com