Building a new home requires significant time and financial investment. Homeowners expect quality construction, but construction defects can reduce a property’s value and lead to costly repairs. statute of limitations & other defenses. Understanding California’s laws on construction defects and the available defenses is crucial for both property owners and builders.
California Law on Construction Defects
Under California’s Right to Repair Act, homeowners can claim damages if a builder fails to meet required construction standards. The law covers issues such as:
Water intrusion
Structural defects
Soil problems
Fire protection deficiencies
Plumbing and sewer issues
Electrical system faults
Other construction-related defects
Requirements for Recovering Damages
To hold a builder or contractor liable, the property owner must prove that the violation caused damage. Before filing a lawsuit, the homeowner must first give the builder a written notice to repair the defect.
If the builder fails to repair the defect adequately or ignores the notice, the homeowner can pursue legal action. This step ensures builders have an opportunity to correct mistakes before litigation begins.
Types of Damages That May Be Recovered
Courts may award damages for:
Reasonable cost of repairs
Removal and replacement of improper construction
Relocation or storage expenses
Lost business income if the home serves as a workplace
Investigation costs related to each defect
Common Construction Defenses
If a builder receives a defect notice or faces a lawsuit, a construction defense attorney can develop a strategy that may include:
Acts of nature
Ordinary wear and tear, misuse, or neglect
Damage caused by the homeowner
Statute of limitations
Valid releases in the contract
Partial correction of the claimed defect
The statute of limitations sets a time limit for filing a claim. If the plaintiff misses this deadline, the court may dismiss the case, even if the claim is valid. statute of limitations & other defenses
Contact Experienced Construction Defect Attorneys
In Modesto, California, the attorneys at Arata Swingle & Van Egmond have over six decades of combined experience defending clients against alleged construction defects. We guide clients through claims, statutes, and legal defenses to protect their rights. Call us today at (209) 876-8886to speak to an attorney about your situation.