Construction defect

Damages for Injury to Real Property: The Lesser of Rule

In California, the measure of damages for tortious injury to real property, such as negligence, including damages caused by negligent construction defects, is governed in part by the so-called Lesser of Rule. Fraud, although a tort, is included, but may also involve a different damages analysis. For our purposes here, we consider the application of …

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How to Select and Hire a Contractor

Hiring and selecting a contractor is a critical decision, a decision that a construction defect attorney with 35 years of experience can offer valuable insights to, having seen decades worth of situations where the relationship between the owner and contractor ends up in litigation or where the contractor simply does not perform. Certainly, many lawsuits …

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3 Common Reasons Contractors Face Lawsuits

Contractors involved in building and construction in California face lawsuits in regularly, based on their widespread involvement in the industry of building and construction in which there are numerous specific legal protections and rights afforded to owners and developers who hire these contractors, and there are specific standards in the law that govern the work …

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The Most Common Construction Defects Brought Before The Courts

Construction defects frequently arise in the construction of new homes and commercial buildings. These defects occur for a variety of reasons, but primarily due to the failure of the general contractor in charge of supervising the work and quite often the license under which most of the work is performed fails to properly supervise the …

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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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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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