California Construction Litigators Frequently Asked Questions

The following information includes frequently asked questions about Construction Law. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the San Diego Construction Law attorneys of Bruckner & Walker, LLP, you can receive a personal consultation regarding your specific legal claim.

What is the legal basis of a Construction Defect lawsuit?

The answer to this question is that there may be several. Obviously, the construction will have been performed under some kind of contract, so one aspect of the civil action will likely seek damages for "breach of contract." Contractors are subject to the same legal duty everyone has to exercise ordinary care to avoid subjecting others to unreasonable risks of harm. Under some circumstances, a construction defect claim may be in the form of a Negligence lawsuit. Other legal theories of recovery may include "product liability" and/or "breach of warranty," and "negligent or intentional misrepresentation."

Is there a time limit for pursuing a Construction Law claim?

Yes. All civil actions, including Construction Law actions, are subject to one or more Statutes of Limitations. A statute of limitations is a law which limits the amount of time during which a lawsuit may be filed. The effect of a statute of limitations is that when the time for filing has expired, the claim is permanently barred. In other words, once the statute has lapsed, the claimant can no longer receive any financial compensation whatsoever, regardless of the merits of the claim.

Statute of limitations issues are always very technical and they can be extremely complicated, especially in construction defect cases, due to the various legal theories under which the lawsuit may proceed. For example, the statute of limitations for a Negligence claim provides a much shorter time limit for filing a lawsuit than may apply to other types of claims. Thus, delay in filing could result in dismissal of one part of your lawsuit as untimely, even though other parts might be permitted to go forward. A qualified lawyer with experience and expertise in the various aspects of Construction Law litigation can assist you in making certain that your claim is not thrown out of court because of late filing.

What is mediation?

Mediation is a voluntary process that is often helpful in resolving construction defect conflicts without need for litigation. Both sides join in selecting a highly qualified and experienced construction defect attorney to act as mediator. Then the attorneys for both sides prepare and submit documents and written arguments in support of their respective positions. After reading and considering the documents, the mediator then meets with the parties and their lawyers, and will usually have questions to ask of both sides. Ultimately, the mediator will offer his opinion as to the legal merits of both sides, and will tell the parties and their lawyers how he thinks the case will turn out if it proceeds to trial. Finally, he will suggest what he feels would amount to a fair and reasonable settlement. Both sides should give very serious consideration to his opinion. He is, after all, the expert they have themselves selected to assist them in resolving the conflict. But the process is not binding, and both parties have the right to ignore the suggestions of the mediator and proceed to litigate the issues.

How do I know if I need an attorney?

It is always risky to participate in litigation without the assistance of a lawyer, and risk is probably a lot higher in Construction Law matters than in other areas of the law. If you feel as though you may have a Construction Law claim, you should at least consult with an experienced Construction Law attorney. Initial consultations are often free and are seldom prohibitively expensive. Speak to an expert in the field and then follow the advice you are given.

How much does the Law Firm of Bruckner & Walker, LLP, Attorneys, charge for legal representation in Construction Law cases?

There is never any charge for an initial consultation to determine how Bruckner & Walker, LLP, Attorneys, can best serve your needs. You will find the fee schedule reasonable and competitive. As with any other business transaction, you have a right to know just what you are paying for and how much it is going to cost. Your questions about legal fees are most welcome. When agreement has been reached on the fees in your case, a Bruckner & Walker, LLP staff member will prepare a written contract including the agreed upon terms for you to review and sign, and you will receive a copy of it. At Bruckner & Walker, LLP there are no "hidden costs," and no fee "surprises."

If you or someone you know in San Diego or anywhere throughout Southern California needs the assistance or trusted legal advice of an experienced real estate construction lawyer, please contact Bruckner & Walker, LLP, Attorneys, today at 858-888-9096, or complete the contact form provided on this site to schedule your free initial consultation.