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San Diego Construction Defect Attorneys

san diego construction defect litigation attorney

Experienced Construction Litigation Lawyers Serving San Diego and Riverside, CA

If you are a homeowner or commercial property owner and discover defects in the construction of a property constructed or renovated within the last 10 years, you may have a case against the property’s general contractor or developer. At Martinez & Schill LLP, we assist property owners and community associations in recovering damages from those responsible for construction defects. We are skilled in identifying all liable parties and aggressively seeking either compensation or correction. Our construction litigation attorneys handle construction defect cases involving:

Construction Defect Litigation in California

Developers, general contractors, and subcontractors are obligated to follow building codes as well as the installation recommendations of product manufacturers. When building standards are not upheld, the results can be serious. Unfortunately, many developers and contractors deny liability and refuse to fix their substandard work. When this happens, pursuing legal action is often the only remedy.

Our attorneys are extensively experienced in handling construction defect lawsuits. We know when an issue is worth litigating and provide our clients with sound advice on how to best resolve these sometimes complicated matters. Building an effective construction defect case often involves having the issue evaluated by an expert in the particular problem area. Our firm has relationships with various construction experts that assist us in evaluating the defect and the cost of corrective work.

While defects in materials and workmanship can occur in any part of a construction project, there are some problem areas that are more commonly litigated than others. These defective conditions are typically ones that are expensive to correct such as:

  • Excessive Stucco cracks and Stucco Leaks
  • Roof Leaks or Roof Problems
  • Foundation Cracks or Structural Failure
  • Water Damage
  • Window Leaks
  • Soil Movement
  • Mold
  • Retaining Wall Failures

Problems can also arise when contractors make product substitutions and use substandard products. Evaluating the type of materials that are used in a construction project can require the assistance of an experienced contractor and we can assist you in getting that evaluation.

How Long Do I Have to File a Construction Defect Case in San Diego, California?

The amount of time one has to file a construction defect lawsuit varies depending upon the type of construction defect case. There are three statutes of limitation standards in California for construction defect cases. Such statue of limitations include:

  1. Four years from substantial completion of construction for “patent defects”, i.e. obvious defects that are readily discoverable such as a roof leak;

  2. Three years from the actual discovery of the defect: for “latent defects”, i.e. hidden defects such as mold in wall;

  3. Ten years from substantial completion of the home. This is an outside limit on the time frame you can bring a construciton defect case.

Thus, as a general rule a construction defect case must be brought either within three years of discovery or four years of substantial completion, but in no event later than 10 years from substantial completion. Note, the statute of limitation may be extended under certain sitiuations. It is best to consult a construction defect attorney to discuss your case and determine when to file your claim. Our office has attorneys skilled in this area of law.

Contact a Southern California Construction Lawyer Today

If your commercial or residential property was built in a substandard manner, contact Martinez & Schill LLP to schedule a free consultation to discuss your construction defect case. We will analyze the circumstances of your case and evaluate the best way to obtain a maximum financial recovery. From offices in San Diego and Riverside, we work with clients throughout Southern California.

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