It is a condition caused by faulty design, materials and/or workmanship in a home or income-producing property you own.
Single family residences, townhomes and condominiums as well as income-producing properties such as apartments, commercial shopping and industrial structures.
After three to five years, many defects become noticeable. These defects may also be occurring in your neighbors’home andcan include:
- Water or dirt intrusion through leaky windows
- Roof leaks and ceiling stains
- Interior drywall cracks or stucco cracks
- Soils/slope failure under or near building
- Cracked foundation and slabs
- Plumbing, mechanical, or electrical system failures
Nothing. Cases are handled on a “no recovery, no fee” basis. Under this contingency fee contract, A&K advances the costs of expert investigation and expenses of litigation until after the homeowner receives a settlement or award after litigation. Attorneys fees, expert fees and costs are paid out of such awards. For income-producing properties, the fee contract is negotiated separately for each case.
No. You have up to ten years from your home’s completion whether you are an original or subsequent owner. Within this time, you may have as little as three years from the date you noticed the problem to file a claim. Legal counsel should be sought immediately. Also, if you own a new home which closed escrow after Jan 1, 2003, you are subject to a new law and special claims procedures.
Failure to act within the legally proscribed time periods may cause you to forfeit any right of recovery from your developer. As a result, you should act promptly whenever you notice problems.
Prompt and complete repairs can be provided by your developer, but be wary of “patch and pray” attempts. Your developer and sub-contractors are responsible for the construction defects in your home. Compensation is usually paid by insurance companies, therefore bankruptcy or going out of business does not generally eliminate developer responsibility.
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