How Did the San Diego HOA Win a $2.9 Million Construction Defect Lawsuit?
A San Diego Homeowners Association recently obtained a $2.975 million settlement in a construction defect case. This lawsuit was filed in the San Diego County Superior Court on behalf of the homeowner’s association. The suit was against a construction developer of a 230-unit condominium that was built between 2004 and 2005. Why Did the Homeowners Association Sue the Construction Developer? According to release forms, the San Diego Homeowner’s Association decided to file a suit against the developer because of various construction issues found within the condominium. These issues included foundation shifts and pipe leaks beneath the whole property that had … Read More
Who Is Liable for Construction Defects in California?
Construction defect cases are based on the contracts between a homeowner and developer and the contracts between the contractor and subcontractor. Whoever is responsible for the defect has the duty to remedy the situation. Thankfully, there are a few different ways to establish liability in a construction defect case. What Are the Different Ways That Liability is Determined for Construction Defects? Negligence: The law places the duty upon the developer or general contractor to exercise a reasonable degree of care, skill and general knowledge that is usually employed by such building professionals and employers. This is also called the duty … Read More
Here’s Why You Should Care About Construction Defects as a Homebuyer
Buying a home is one of the many things people strive for in their adult lives. California has gone back and forth for many years on new home construction laws and financing, but in recent years there have been some significant improvements in the real estate market. When buying and/or repairing a new home, no one wants to deal with any time-consuming, sudden issues with the construction process. Unfortunately, your construction developer might purposely not fix these problems, and you might have to take them to court. Why Should I Be Concerned About Construction Defects? You should always check whether … Read More