What do I do if faced with a construction defect? Pt. 1

In the past on this blog, we have discussed the legal matter of construction defects in California. A defect can impact the usability and safety of commercial and residential properties. They are a matter of safety but also a matter of business and construction law.

If you are someone who has purchased a property in Sacramento or other California location and are faced with the frustrating reality of a significant construction problem, we know what you are thinking. You are more than likely wondering, "What do I do now?"

California regulations lay out quite specifically the necessary legal steps in order to properly address a construction defect. Builders generally have a right to repair any defects that are reported in a timely manner and according to state statutes. 

The following are a few of the basic legal guidelines in order to file a construction defect to be repaired:

  • A claimant faced with a construction defect must give written notice to a builder that lists their name, the property address, how they are to be contacted and a description of the defect. 
  • The "builder" could be a developer, a contractor, a building team or even the seller. It could be an individual or a business.
  • The entity whom a claimant properly contacts with a claim for repair has a time expectation upon which to act. 
  • Once the builder has received the written claim regarding the construction defect, they or their legal representation has 14 days to respond.
  • If the contact was initiated through a construction law attorney, the response and all other related communications must be directed to that lawyer.

These are the basic of various other legal steps to take in the case of a construction defect. We will add to this list in an upcoming post on our blog. 

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