More new buildings go up in California than any other place in the United States. They are often built by specialized professionals who adhere closely to industrial guidelines as well as local codes. When there is a problem with builders' or contractors' work, civil court may be the right place to address the issue.
What is an example of a construction defect?
A structure contains a defect if a feature of it lacks a specific functional requirement that was included in the plan to build it. A defect could be a missing section, a damaged wall, a leaky pipe or a frayed wire. Design flaws are different because they apply to the plan itself, not how it was executed.
How are you allowed to claim redress for a construction defect?
Since 2003, this right is covered by California Civil Code's division on "real or immovable property," which refers to real estate or permanent things built on it. Sections 895 to 945 cover the construction defects that may be the subject of an action seeking financial damages or a court order to conduct repairs.
Are there types of construction defects that are not listed there?
The sections also contain instructions for how other important defects may be identified. For example, public health hazards that may be considered a defect in civil court may be described by public health officials in the appropriate jurisdiction.
How can you start a suit to recover damages for construction defects?
An attorney can help people dealing with construction defects sort through their legal options, including negotiating a settlement or seeking a jury verdict.