BUSINESS ATTORNEYS WITH A GLOBAL PERSPECTIVE

What you should know about construction defects in California

On Behalf of | Dec 23, 2022 | Commercial Real Estate, Real Estate Development |

Both commercial and residential property owners have significant risks when it comes to construction defects. Briefly, a construction defect is a mistake or problem with a completed construction project. An undiscovered construction defect can become a liability to the building owners and lead to long-term difficulties. But, property owners have some recourse in these issues.

What can you do if you discover a defect?

California construction law allows property owners to take steps to secure compensation to remedy or fix the defect once discovered. However, there are a few items to note. First, you must contact the builder and inform them of the issue. You must allow them to inspect it and fix it.

Additionally, there are time limits to consider. You have four years from the end of construction to pursue known or “apparent” problems that result in injury or property damage. However, you have ten years from the end of construction to find “latent” issues which are not apparent.

Common Construction Defects

Construction defects can affect any part of the building, stemming from initial construction, updates, renovation and other projects. They can be:

  • Structural issues: Problems with foundations, walls or roofing
  • Electrical problems: Improper wiring and dangerous fixture installation
  • Material failures: Defects from properly installed, yet inferior construction materials
  • Weatherproofing: Rain, sun, wind, heat and cold can all devastate a building if it is not properly prepared.

There are as many construction defects as there are structures. Any part of a building can potentially carry a costly defect.

Act quickly to secure yourself

It is vital to take proactive action if you discover a construction defect. Notifying the builder is only part of what you must do. If they do not remedy the situation, you must consider filing a lawsuit.

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