Does Your Building Contain A Dangerous Construction Defect?
If you are a California property owner confronting defective construction, contact the attorneys at the JCL Law Firm. Since 2010, we have successfully recovered tens of millions of dollars on behalf of California property owners for construction defects. Our firm represents single-family homeowners, homeowners associations and commercial property owners in complex construction defect litigation cases throughout the state. If you are concerned about a dangerous defect related to construction, call our firm at 619-826-6975 for a free consultation.
What Is A Construction Defect?
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.
What Is The Statute Of Limitation For Bringing A Construction Defect Action?
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 10 years from the date the work was substantially completed.
What Is The Construction Defect Claim Procedure?
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 pre-litigation process, the property owner may be barred from bringing an action altogether or the amount of damages the property owner may seek in the action may be reduced. 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.
What Can I Recover In A Construction Defect Action?
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.
Fight For Safe Buildings With Our Help
Our firm can guide you through the construction defect litigation process. Call us at 619-826-6975 or email us to make an appointment. We serve clients in San Diego County and Mission Valley from our office in San Diego.
Construction Defect Case Results
Cracked Floor Tiles And Leaking Windows
Date: December 21, 2014
Development: Confidential Palm Springs
Client: Owners of 181 single family homes.
Location: Palm Springs
Settlement: $3.92 Million
The JCL Law Firm settled a construction defect action on behalf of the owners of 181 homes in Palm Springs, California. The primary claim involved a defective flooring product that allowed floor tiles to crack. Attorney Jean-Claude Lapuyade, Esq., traveled around the country developing a strong product liability case against the product manufacturer. The matter resolved a week before trial. Each home received a gross settlement in excess of $20,000.
Expansive Soils At Commercial Warehouses
Date: October 10, 2016
Case: San Diego Superior Court
Client: Otay Crossing Owners Association
Developer: OPUS Construction, Inc.
Project Size: 8 Commercial Warehouses
On October 10, 2016, the construction defect attorneys at the JCL Law Firm reached a $3,099,000 settlement on behalf of the Otay Crossing Owners Association against the project developer. The JCL Law Firm filed the construction defect action in the San Diego Superior Court and alleged that the project’ developer, civil and geotechnical engineers, architect and landscape architects, failed to properly mitigate onsite expansive soils. As a result, the JCL Law Firm’s clients suffered significant damage to their commercial condominiums from soils movement and soils settlement. The JCL Law Firm’s construction defect attorneys negotiated a gross settlement exceeding $3,000,000 after 3 years of extensive litigation.
Expansive Soils At Commercial Warehouses
Date: March 23, 2018
Case: San Diego Superior Court
Clients: Eight Commercial Property Owners
Legal Theory: Expansive Soils – Inadequate Design
On March 23, 2018, the JCL Law Firm announced that it resolved a complex construction defect action on behalf of its clients in the amount of $3 million. The firm’s clients suffered significant property damage arising from inadequately engineered expansive site soils. The firm brought the action in the California Superior Court, against the project developer, architect, civil engineer, geo-technical engineer, landscape architect and subcontractors. Prior to resolving the case, the firm defeated multiple attempts by the defense at summary judgment and one motion to dismiss. The JCL Law Firm represents large groups of single family homeowners, homeowner associations and commercial property owners in construction defect actions throughout California.
Deck Leaks And Roof Leaks
Date: December 31, 2011
Client: Condominium Homeowners Association
Location: Palm Springs, Riverside County
Mr. Lapuyade acted as co-counsel for a 65-unit condominium homeowners association, located in Palm Springs, California, in its action against the project’s developer. After filing the complaint, Plaintiff offered proof justifying a $2 million “policy limits demand” to the developer’s insurance carrier. Prior to answering the complaint, the developer’s insurance carrier evaluated the damages at the project and determined to pay out the insurance policy limit of $2 million. The case resolved within 3 months of filing without incurring substantial expert costs.
Date: December 20, 2010
Clients: Eighteen single-family homeowners
Location: Salton City, Imperial County, San Diego
In this construction defect action for expansive soils, attorney Lapuyade assisted the Naumann Law Firm, APC, in negotiating a $58,333.33 settlement per home despite strong evidence that the current market value for each home was only $40,000.00.
Deck Leaks and Window Leaks
Date: April 3, 2019
Case: San Bernardino Superior Court
Client: 34 Unit Homeowner Association in Apple Valley
The JCL Law Firm reached a favorable settlement on behalf of an Apple Valley Homeowner Association for leaking decks and windows. The parties reached the settlement within a year of filing the complaint.
Leaking Roofs And Showers
Date: December 21, 2008
Client: Seventy-one single family homeowners
Location: Menifee, County of Riverside
*Denotes a case not necessarily belonging to the JCL Law Firm but in which our attorney had a substantial case responsibility on behalf of the identified client, and/or substantially contributed to the above referenced settlements.
Water Intrusion at Subterranean Walls and Planters
Date: June 12, 2019
Case: Los Angeles Superior Court Case
Client: 8 Unit Homeowner Association located in Santa Monica
The JCL Law Firm reached a favorable settlement on behalf of the 8-unit homeowner association for failed podium deck and subterranean wall waterproofing.