Construction defect

construction defect against contrators

Construction Defect Litigation:
Actions Against Contractors
12 Valuable Resources to Use Against Contractors

When litigating construction defect claims and disputes against contractors in California, and when formulating the complaint, conducting discovery and preparing for trial, one should always look to the California Business and Professions Code laws and standards that apply to contractors. The California Business & Professions Code contractor provisions go well beyond the basic licensing requirements …

Construction Defect Litigation:
Actions Against Contractors
12 Valuable Resources to Use Against Contractors
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Construction Defect and Real Estate Litigation: Statutes of Limitation on Claims for Broker-Agent Non-Disclosure in Real Estate Transactions

Much of the litigation arising from real property sales transactions involves some form or non-disclosure or even concealment of information related to the condition of the property by the brokers and agents in the sale. There are specific disclosures required of the broker-agents by law and violating these disclosure duties gives rise to a cause …

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construction defect jury trials

Construction Defect and Real Estate Litigation: Jury Trials in the COVID World

The COVID-19 pandemic has had a very profound impact on the California courts and in particular on trials of the Los Angeles Superior Courts, both jury and non-jury. Currently, there are more than 7,000 criminal cases that must be tried to satisfy these defendant’s statutory and constitutional right to a speedy trial. As the Court …

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Piercing the Corporate Veil in California: 14 Factors to Test for Alter Ego Liability for Contractors

Alter Ego Doctrine Normally, the corporation is an insulator from personal liability for shareholders and officers of a corporation from the claims of creditors. Limited liability for the persons involved in the corporation is a protection afforded by the corporate form and the privileges associated with the fictional entity created by statute and recognized by …

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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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