Building a home takes no shortage of planning and often involves obstacles along the way that no one could not predict ahead of time. There’s no questioning that construction can be a complicated endeavor and builders make mistakes. Despite that, working in a sometimes unpredictable or difficult industry does not offer an excuse for building professionals. Instead, it means that those involved in this industry need to be extra cautious when undertaking a project. But, what do you do when they aren’t? Your first step should be contacting a construction defect lawyer.
Under the leadership of Timothy Norton, Norton & Associates brings more than 30 years of experience as a construction defect attorney. His knowledge, coupled with a personally tailored approach, ensures you get the attention you need throughout the legal process. Norton also provides you a clear path to handling your construction defect case. Construction defects are the responsibility of the builders and contractors who constructed those defects. And, in most cases, they have policies of insurance to cover the costs of repair. However, builder’s insurance is both complex and difficult to obtain. Timothy Norton has more than 30 years of experience handling claims against builders, contractors, and their insurance policies.
Construction Defect Law
California Civil Code 896 is one of several key statutes related to construction defect law. However, this statute and its complicated set of rules for investigating, negotiating and filing a lawsuit may not apply to your case. This code section only applies when the builder or contractor includes a notice of these provisions in your sale and purchase documents, and even then, may not apply.
California Civil Code 896 is used by the builders of large tract home and condo projects. It rarely applies to custom home construction.
In any case of construction defects, the key is to identify the defects, whether the problem is related to the foundation, structural components, grading and landscaping, swimming pools, retaining walls, stucco, walls, windows, doors, roofs, plumbing, electrical or some other area. Once these have been identified, the costs of repair can be assessed, and one has a better understanding of the damages and the scope of the repair.
Obtaining this information typically requires experienced experts, contractors, and specialists, acting under the direction of an experienced construction defect attorney.
Understanding the statutes of limitation is an important part of any construction defect case evaluation. The statute of limitations in California for injury or damage to real property is three years. And, depending on the circumstances, this statute may start to run as soon as the owner becomes aware of these problems, or should become aware. With this in mind, an owner needs to have an experienced construction defect lawyer evaluate the defects when they were discovered and to file a lawsuit within the various statutes of limitation.
Mediation, Negotiation, and Settlement
Most construction defect cases settle before trial, and pre-trial mediation, negotiation, and settlement are essential parts of what can be a complicated process. Timothy Norton is an experienced negotiator, familiar with the mediation and settlement process, as well as the mediators and judges who handle construction defect cases. Settlements are compromises, but they also save time, money and enable the parties to reach a negotiated settlement and resolve the issues. A skilled and experienced construction defect litigator is vital to pursuing and obtaining settlements. Timothy Norton has extensive negotiation and mediation experience, having negotiated and settled construction defect cases for more than 30 years.
Working with A Construction Defect Lawyer
Should your builder fail to acknowledge the defects in construction or merely fail to cooperate on repairs, you may find yourself facing a potential construction defect trial. An experienced construction defect lawyer is essential. As with any legal case, ensuring prompt filing of the case and providing sufficient evidence of the claims is a must and your attorney can help walk you through this process to ensure your case is prepared and pursued accordingly.
Retaining A Construction Defect Attorney
At Norton & Associates, our primary experience is real property litigation, with a special emphasis on construction defect litigation. With over 30 years of experience as a construction defect attorney, Timothy Norton personally manages and oversees all aspects of each construction defect matter. With a track record of over $190 million in jury verdicts in construction defect cases, Timothy Norton is experienced and knowledgeable in this specialized field and will assemble a team of experts and consultants tailored to each individual case, and the strategy and tactics best suited to the case and the builders who defend them.
When you find yourself dealing with defects in your home or commercial property, call Norton & Associates at 310-706-4134 – Construction defect lawyers for over 30 years.