Archive for the ‘Construction Defect Litigation’ Category
Most members of the building profession assume that a homeowner’s claims for construction defects and deficiencies, whether known or unknown, are barred after 10 years. In reality, the cut off for liability is not quite that clear; indeed, the 10 year statute of repose is arguably misnamed and oft times misunderstood. Does it provide limitations? Read the rest of this entry »
It’s no secret that the building industry has been hard hit by a declining real estate market. With markedly slow sales, there is an abundance of available product, and the value of California homes has decreased. Inarguably, those who bought homes before the downturn now own homes worth considerably less. The result? Homebuilder attorneys are seeing an increase in defect claims coupled with demands that builders “buy back” their homes. Are these the symptoms of buyer’s remorse and a desire to offset economy driven losses? Read the rest of this entry »
Homebuilders typically retain the services of architects, geotechnical engineers and structural engineers to design residences for proper layout, structural safety and geotechnical conditions. Visualize a luxury home located in a canyon with views aplenty. The home is adorned with the nicest interior finishes imaginable. It is perfectly nestled into a hillside; the living room, dining room and family room include vast picture windows that capture the beauty of open space on all sides. It is the nicest home in the subdivision. Priced at a mere 5 million, the would-be homebuyer loses all control and must buy. A year later, the home continues its steady movement downslope. Repair is no longer a solution; the dream home is no longer. Read the rest of this entry »
Over the years, claims have consistently been asserted against builders and architects for the defective design and construction of residential building projects. In the old days, these claims alleged water intrusion through the building envelope or skin and sought compensation for the resulting damage associated with these conditions. Read the rest of this entry »
