Covid-19 Coronavirus Update: Force Majeure and California Emergency Rules Affecting the Courts and Construction Defect and Real Estate Litigation

The corona virus continues to impact the court and the legal system in far-reaching and widespread ways. A number of these impacts are addressed below:  Force Majeure Force Majeure is a legal concept that essentially excuses a party from having to perform according to the terms of a contract that they would otherwise be bound …

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What to Look for in Choosing a Construction Defect Attorney

You have discovered a number of construction defects in your new home. The defects are serious, serious enough to require an investigation and repair. You’re not sure of the cost, but given the value of your home and the extent of the defects, the cost could be substantial, could require extensive work and possibly a …

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Breach of Contract in Real Estate and Construction Defect Cases

Breach of contract is a key element of real estate and construction defect litigation. This is because, in many circumstances, there is a contract involved that has been breached or violated that gives rise to a cause of action and an avenue for a remedy: that is to recover money damages for breach of contract.  …

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Statutes of Limitations in Real Estate Contracts and Litigation in California

Statutes of limitation exist in every state and in Federal law as well. Statutes of limitation are laws that define the time limits for filing a civil action (as opposed to a criminal action). Once the statute of limitations has passed, or “run”, the right to file a lawsuit no longer exists and the claim …

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5 Ways to Protect Yourself when Hiring a Construction Contractor in California

Many of the problems that are caused by Construction Contractors in California are the result of poor workmanship, lack of supervision and a lack of financial resources to stand behind their work, when the work is defective or substandard. While these issues are difficult to prevent, these issues provide a series of inquiries and steps …

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Types of Construction Defects and Construction Failures in California

Failures in the construction of real property are called construction defects in the law and in the construction industry. An overview of the different types of construction failures and construction defects is helpful to understanding what construction failures and defects are as well as the claims and remedies that can be pursued by an owner …

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Statutes of Limitations on Construction Defects in California

California’s construction defect statutes of limitations refers to laws which establish specific time limits within which one must file a lawsuit in order to protect and preserve those construction defect claims.  In California, there are a number of overlapping statutes of limitations that must be addressed in evaluating the deadlines for filing a lawsuit for …

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Mediation and Arbitration in Real Estate and Construction Defect Litigation

Many real estate purchase and sale agreements contain mediation and arbitration provisions. How these provisions work in real estate and construction defect litigation is an important facet of the litigation process, one that is important to understand and use to you benefit.  Mediation in Real Estate and Construction Defect Litigation Most if not all mediation …

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What is Specific Performance and When is it Available in a Real Estate Contract

Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an order requiring a party to perform a specific act, and to specifically perform according to the terms of a contract. The most common cases where specific performance is applied is in …

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