Construction Defect
For most people, your San Diego home is the biggest investment you’ll make in a lifetime. San Diego County has experienced rapid development of new homes, especially in Rancho Bernardo, Carmel Mountain, Sabre Springs, Poway, 4S Ranch, and others. And when the work on these homes have not been done properly, you might find yourself in need of a construction defect lawyer to protect your investment in your home. The Law Offices of Steven Brian Davis are proudly located in Rancho Bernardo, California and are familiar with both the explosion of new home communities and with the potential construction defects.
For new homes built after 2003, construction defect claims are governed under Civil Code 895, which has a claims process nicknamed the “Builders Right to Repair” or SB 800. With the help of a construction defect lawyer, a claim is sent to the builder or developer containing notice that construction work is below standard. The builder must respond within 14 days and can choose to complete an inspection on the property. After the inspection, the builder has 30 days to make an offer to repair or to give the individual making the claim the cash equivalent for repairs. If the builder and the homeowner cannot reach an agreement regarding repairs, then the parties may pursue mediation and litigation.
It’s important to note that there are many issues within this type of legal proceeding that a construction defect lawyer can assist you with. In order to make a claim, you will need an expert, defined as someone with sufficient knowledge of construction who can also testify in court about the damages in your property. Experts generally charge between $150 to $300 an hour, but can charge much more. Construction defect lawyers have experience dealing with experts and can help to keep costs down.
Additionally, understanding the statute of limitations for pursing your construction defect case can be complicated. Some types of defects must bring a claim to the builder within 10 years of the home being built (with no exceptions!), while other types of defects allow you to bring a claim within 3 years of discovery of the defect. An experienced construction defect lawyer can advise you of the law in your specific case.
Because there has been so much new construction in and around San Diego County, and especially in Rancho Bernardo, it’s important to find a construction defect lawyer who gets results. Builders have certainly seen this type of case and are used to defending them. The Law Offices of Steven Brian Davis are experienced in construction defect cases, getting results and protecting your investment in your home.
