Orange County Construction Defect Lawyer

Orange County Construction Defect Attorney

If a house or property you own is showing signs of construction deficiencies—or if you’re facing claims from a client that a building you helped develop has construction defects—a qualified, skilled Orange County construction defect lawyer can assist you through the dispute and litigation process.

At the office of Engels-Janzen, we represent property owners of residential and commercial buildings with construction defect claims and litigation. We’re also well-equipped to represent contractors, architects, engineers, and construction managers. Our experienced lawyers are adept at effectively handling various construction law issues in addition to handling civil litigation proceedings.

Construction Defects in California

All buildings must be constructed and maintained in accordance with state and local building codes and meet certain criteria, such as industry standards and specifications from product manufacturers. Additionally, every building must meet the functionality standards within California’s Right to Repair Act.

This means all components of a building’s structure should not only meet the applicable standards but also function so that only routine maintenance is required long into its expected “useful life.” Components include a building’s roof, siding, pipes, foundation, trim, windows, decks, patios, landscaping, drainage, walkways, etc. A building component’s “useful life” is how long the material is anticipated to last before warranting replacement.

All components have different periods of expected “useful life” and, with proper maintenance, should not malfunction during this period until the specified amount of time has passed, requiring its replacement. This allows the community or owner that possesses a structure to effectively budget for each building component’s maintenance and eventual replacement. However, construction defect claims may arise when these expectations or standards are not met.

Types of Construction Defect Disputes We Handle

Construction litigation encompasses numerous different disputes and claims, some more complex than others. Here are some construction and development defects our firm is capable of handling on your behalf:

• Building code and housing code violations, violations of industry standards
• Contractor negligence, substandard workmanship
• Physical damage to buildings
• Water damage, leakage, or flooding damage
• Defective fire protection and prevention
• Structural damage or errors
• Mechanical and electrical defects
• Negligent site investigation and assessment
• Landslides, building or soil settlement, land/earth movement, seismic defects, and earthquake safety
• Defective designs or plans, failure to follow building plans and specifications
• Claims of toxic mold
• Copper pipe issues
• Defective roofing and window installation or other defects
• Defective exterior cladding (cracks, disbonding)
• Deck, walkway, and exterior flatwork/pavement deficiencies or deterioration
• Foundation issues and waterproofing of internal and external systems
• Application of paints and stains
• Drainage and landscaping complications
• Right to Repair laws
• Loss of use damages
• Insurance claims, coverage issues, fraud and misrepresentation claims, and express and implied warranty claims
• Contractor licensing issues and restitution for amounts paid to unlicensed contractors or those whose license was suspended or revoked

Potential Remedies for Construction Defect Claims

Depending on the exact nature of the construction defect or dispute, there are various remedies available to settle litigation or resolve claims. One remedy is for the building contractor to cover the costs of any necessary repairs, whether they carry out the repairs themselves or through a third party. Builders may also remedy the situation by paying the property owner’s loss of market value on the defective building.

Contractors liable for building defects or deficiencies may cover the expenses of relocation if a residential home is unsuitable for habitation and construction can’t be repaired in a reasonable amount of time. This can include the costs of temporary housing and property storage.

FAQs

What Is the Right to Repair Act in California?

In California, the Right to Repair Act asserts that all homes and residential buildings must be habitable and reasonably safe according to building codes, industry standards, and other legal specifications. This act outlines several aspects of construction criteria, including a building’s structural, plumbing, sewer, water, soil, fire protection, and electric system functioning and defects.

Are Contractors Held Responsible in the Case of Faulty Construction?

For cases of faulty construction in Orange County, California, the contractor of a building is responsible for any defects that occur during the structure’s development. The builder has strict liability for any construction defects, even if the faulty work was conducted by a subcontractor. The contractor of a defective structure or building component is also liable for any damages and expenses stemming from the construction defects.

What Types of Legal Actions Are Under Construction Law?

Legal actions related to construction defects include negligence, breach of contract, implied or express warranty, strict liability, and statutory violations. Breach of contract is failing to adhere to contractual terms, whereas breach of warranty is the violation of an implied or express warranty.

Contractor negligence is the failure to meet industry standards or building codes. Relatedly, statutory violations are the failure to meet local or state construction statutes. Strict liability asserts contractors’ responsibility for any defects and subsequent damages or costs.

What Is the Statute of Limitations on Construction Negligence in California?

The statute of limitations for construction negligence is ten years from the building’s practical completion but prior to receiving a valid notice of completion. This is the case for most matters, but there are some exceptions.

Defects within the electric system and any patios, decks, driveways, pavement, walkways, or other exterior paths or flatwork exhibiting excessive or displacing cracks have a statute of limitation of four years. Issues concerning drainage and irrigation have a statute of limitations of one year.

What Are Some Examples of a Construction Defect?

An example of a construction defect is any instance where a building component (doors, windows, roofing) isn’t properly waterproof, and water can seep in, potentially causing surface and structural damage. Another example of a construction deficiency is when the foundation, load-bearing components, or other basic structures of a building show signs of significant displacement, including cracks or deterioration.

Capable Construction Litigation Law Firm to Handle Defect Claims

At Engels-Janzen, our proficient and experienced litigation attorneys are skilled in negotiation and mediation. If your case requires it, we can also effectively represent you in court proceedings. Contact our legal team today to schedule a meeting with an adept lawyer.