California Construction Defect Practice Areas and Legal Definitions

California Design Deficiencies:

Sometimes serious construction defects result from fundamental flaws in the design of the structure. Unduly complex roof structures may result in leakage and water damage. The use of inappropriate building materials may have the same effect, and many serious construction defects are caused by inadequate or improper provision for drainage.

California Poor Workmanship Lawsuits:

Of all the potential causes of construction defects, poor workmanship may be the most common, although this may not be immediately apparent. However well-designed the roof structure, and however appropriate the building materials, poor workmanship will often cause the roof to fail. Serious electrical and plumbing problems, termite and other pest infestation, ineffective sound and heating insulation – any one or all of these may be the consequence of shabby construction work.

California Contractors State License Board Hearings:

Under California law, it is a crime to engage in the construction business unless you are licensed by the state to do so. One of the licensing requirements is that each General Contractor posts a bond. If you are the victim of shoddy workmanship on your construction job, you can bring a civil action against the contractor and you can also make a claim against the bond. You can also file a formal complaint with the California Contractors State License Board, and if warranted, the ARC may initiate disciplinary proceedings against your contractor. Licensed General Contractors are entitled to be represented by a lawyer in any disciplinary hearings, and those who fail to do so risk forfeiture of their licenses.

Construction Defect Insurance Coverage Issues:

Whether you are a general contractor or a consumer, one of the most complicated areas of construction defect litigation is the identification of available and applicable insurance coverage in force. Insurance carriers are seldom enthusiastic about volunteering to cover a particular claim. An aggressive and qualified Construction Law attorney will know where and how to identify available insurance coverage, and how best to present a claim against it.

Construction Defect Mediation and Arbitration:

The litigation of Construction Law civil actions is always complex, and it can be extremely expensive, particularly once it becomes necessary to engage the services of expert witnesses to give testimony at the trial. The litigation process is often lengthy and tedious. The issues are often extremely technical and can be very confusing to a judge or a jury lacking in actual construction experience. For these reasons, it is often advantageous to consider mediation or arbitration of your claim. The court is not involved in the arbitration and/or the mediation process, so there is neither judge nor jury. Instead, a highly experienced and knowledgeable Construction Law attorney (chosen by both sides) acts as mediator or arbitrator.

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.