Answers to Common Property Owner Questions

Legal FAQs: Construction Defect Claims

QUESTIONS?

How Do Consumers Begin a Construction Defect Lawsuit?
How Does A∓K’s Contingency Fee Program Work?
What Kind of Experts Are Used by A&K
What is a Construction Defect?
What Type of Property is Protected Under California Law?
How Do I Know if My Property has Defects?
How Much Money Do I Have to Pay to Retain Anderson & Kriger?
Do I Have Only One Year to Make a Claim?
My Developer Said Not to Worry, But the Defects are Getting Worse. What Should I do?
Should I Be Satisfied with Developer Repair Attempts?
I Am Not The Original Owner. Do I Still Qualify to Join the Litigation?

ANSWERS!

How do consumers begin a construction defect lawsuit?

Organize as large a group with construction defect concerns as possible.
You pay nothing up front. All attorney fees and expert costs are paid after a settlement or award.
Read, sign and return the Contingent Fee Agreement.
Keep a copy of your signed agreement with your important documents.

How does A&K’s Contingency Fee Program work?

Cases are handled under a Contingency Fee Agreement which is a “no recovery, no fee” basis. Anderson & Kriger advances the costs of expert investigations and expenses of litigation until after the homeowner receives a settlement or award after litigation. Attorney fees, expert fees, and costs are paid out of such awards.
No other contributions are required of clients throughout the litigation.
Legal fees and costs are paid to A&K only from settlement or judgment proceeds.

What kind of experts are used by A&K

Architects
Civil Engineers (Site / Drainage)
Soils Engineers
Mechanical Engineers
Sound Engineers
Appraisers
Economists
Stucco Experts

What is a construction defect?

It is a condition caused by faulty design, materials and/or workmanship in a home or income-producing property you own.

What type of property is protected under California law?

Single family residences, townhomes and condominiums as well as income-producing properties such as apartments, commercial shopping and industrial structures.

How do I know if my property has defects?

After three to five years, many defects become noticeable. These defects may also be occurring in your neighbors’ homes and can 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

How much money do I have to pay to retain Anderson & Kriger?

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.

Do I have only one year to make a claim?

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 January 1, 2003, you are subject to a new law and special claims procedures.

My developer said not to worry, but the defects are getting worse. What should I do?

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.

Should I be satisfied with developer repair attempts?

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.

I am not the original owner. Do I still qualify to join the litigation?

Being a subsequent owner does not prohibit you from participating in the litigation process if you have a valid claim. Contact the office nearest you for more information.

Contact a Property Owner Dedicated Attorney Directly at A&K Law Firm

Call us now at 1.877.494.1046 (Southern California Residents) or 1.800.365.2075 (Northern California Residents) to speak with an attorney or send an eMail to schedule a no-cost consultation. Let us help you protect your home!