Frequently Asked Questions
If you have a construction defect and/or a real estate litigation dispute, and the matter is brought within the statute of limitations, you do in fact have a case. The question is, what is the value of the case, the cost and how to best pursue a recovery. A consultation will answer these important questions.
There are a number of different statutes of limitations that apply to construction defect cases. The general time frame is 10 years from the date of completion. Once a defect is discovered, certain primary time frames are triggered. They are: 4 years for breach of contract, and 3 years for injury or damage to real property. Other statutes of limitation may apply. A consultation on the facts of your individual case will define the statutes of limitation that apply to your case.
If the builder/developer was involved in creating the defects, and if the facts fall within the statute of limitations and it is determined that the builder/developer has assets, including insurance, and the insurance of subcontractors, then you have a claim and one that you may consider pursuing. Certainly, the value of the claim and the builder’s ability to pay are paramount concerns, which we address immediately, with full attention to value, and fully, to apprise you of the ultimate claims and the financial viability of those claims.
This depends on a variety of factors including the nature and extent of the defects, or damage to real property, the value of the property and the cost to repair/remediate the defect. This is an area that we specialize in, using our experience, creativity and insight as well as experts to evaluate the defects, the property and the repair to give us information to determine the potential value of the claim. This is a critical step that we address intensively, in collaboration with experts and creatively, to maximize value and strength of the claim. Establishing and aggressively pursuing value is our forte and our mission.
This varies widely, but the general time frame for resolution of cases is 18 months. Trial dates are typically assigned within the first 6 months, to take place approximately 1 year later. Many cases settle in shorter time frames, and existing cases can be brought to resolution in 1-6 months. Note: The Covid-19 pandemic is affecting the court system and the time frames.
We are always ready to help you