We are hired for our (45) year Stability, Proven Reliable Quality, and Performance because "Investment Value" is what our customers Really Care About!
Serving San Diego County and Southwest Riverside
San Diego (619) 233-0903 / S. D. Coastal (760) 436-1292 / S. D. Inland (760) 740-9000 Temecula (951) 695-4900
Consider the possibility that an estimated 48% of roof defects are due to poor workmanship, 17% from poor design, 11% from defective products, and 8% from trapped moisture. Wherein, the majority of these combinations represent "Construction Defects." Therefore, if the roof, balcony, and/or siding leak, odds are there is structural decay! Don't be Fooled into a Cheap Price by the contractor working out of classification for roof structural renovations that should last 10 - 50 Years! Article sited: (CSLB) Trade Classificationsfor the C39 - Roofing Contractor
Q: What is a construction defect?
A: A construction defect is a condition in your home that reduces the value of the home. Some defects are obvious such as water seepage, but many are less obvious and do not become apparent until years after the home was built.
Q: What causes a construction defect?
A: A construction defect can arise from a variety of factors, such as (poor workmanship) or the use of (inferior materials). Many arise from a combination of factors, including:
Improper soil analysis and preparation,
Site selection and planning,
Civil and structural engineering,
Defective building materials.
Q: What are some of the most common types of construction defects?
A: The most common types of defects involved in litigation include:
Toxic Mold and Fungus,
Water intrusion issues,
Landscaping and soil,
Foundation, floors, and walls,
Excessive roof weight,
Roof rafter failures,
Dry rot and Termite damage,
Structural support failures,
Heating and electrical,
Lack of Preventative Maintenance.
Q: How is a construction defect proved in court?
A: It depends on the defect. Some defects are obvious referred to as "patent," and other defects are hidden (but not apparent until years after the structure was built)... These defects are called "latent". A successful construction defect litigation claim relies on testimony from experts who specialize in specific areas of construction. Experts investigate and evaluate the defect cause, providing recommendations for how to resolve them.
Q: What kind of damages can be recovered?
A: It depends on the facts and circumstances of your case, but in general the cost of repairs and the decline in the value of your home may be recovered. Additionally, other recoverable damages might include the loss of the use of property during the repair, the cost of temporary housing, court costs, and in some instances the attorney's fees if provided for in the contract or by your state's laws. Of course, any personal injuries resulting from the defect may be recovered. In some instances punitive damages may be assessed against the defendant if the court finds their behavior to be reckless and intentional.
Q: Who pays for the damages?
A: Typically the defendant's insurance company that was in effect when the damage was first noticed will be responsible for paying the damages. "Before hiring, verify the contractors liability insurance coverage"
Q: Are there any time limits on filing a lawsuit for repairs?
A: Yes, but it varies by state. Many states have legislation that requires the homeowner or homeowners association to notify the developer or contractor of the defect and give them an opportunity to remedy the damage. Then they can file a lawsuit if the defect is not repaired. The statute of limitations (the time limit for filing a suit) also depends on whether the defect is latent (hidden and not obvious to a reasonable person) or patent (obvious). The shortest time limit is three years from the date the defect is discovered, or should have discovered the problem. Other statues start from the date of completion of the home. It is important to take action immediately if your home has a construction defect.
Q: Who is responsible for construction defects?
A: There may be several responsible parties, but generally the responsibility will lay with the general contractors, developers, and the builders of residential structures even if the work was performed by subcontractors or if the defective materials used in construction were manufactured by others. Architects, designers and other involved parties may also be defendants in litigation.
Q: Should I make repairs while the lawsuit is pending and can I recover those costs in the lawsuit?
A: Usually the homeowner or homeowner's association is required to protect property from sustaining additional damage. Such costs may often be recoverable in the lawsuit. However, failure to perform routine maintenance and reasonable repairs can cause or contribute to additional damages, which could offset the owners claim leading to the defense for "failure to mitigate damages".
Q: Can I sell my home during a pending lawsuit?
A: Generally speaking, homeowners are allowed to sell their home during the lawsuit but some states have a disclosure law that requires the homeowner to disclose to a potential buyer that the home is involved in litigation.
ALSO READWarranty Myths Warranties are only as good as the company that stands behind them.Roof leak warranties are used as a tool to get your business, however, they generally limit the liability, and as such, many warranties may be littered with exclusionary and exculpatory language that greatly reduce the warranty value. Warranties have also been used as a bait and switch technique by"Low-Bidders" who promise to use high quality materials but in fact may use mix/matched products and/or products no longer manufactured.
Contract Terms and Conditions:
Construction contracts may contain a clause requiring the property owner to take out insurance to cover the risk of damage to the property, (i.e. Owner shall have contractor listed as additional assured on fire and the comprehensive insurance policy by means of endorsement or shall furnish waiver of subrogation for fire and those items covered under comprehensive policy including vandalism, or shall purchase separate policy to protect contractors interest.) Such clauses can have an unexpected effect on the property owner’s ability to recover compensation for negligence on the part of the contractor. Also read: How to Choose a Contractor, Protect Yourself and Your Investment from Poor Workmanship Issues.
Don't become their next victim!
Roofing is a Dangerous Business! Don't get dragged into expensive litigation because you had hired theLawbreaker!
Resolving construction defects represents a large percentage of our business.