Once you realize that your home has a construction defect, such as leaky windows or cracks in the walls, you may wonder if it is really worth your time to file a lawsuit to recover money to get the defect fixed. While the litigation process can be long, there are several positive factors of the process to keep in mind. For example, California’s laws are more “pro-homeowner” than the laws in most states. These laws hold the developer of your home accountable for any defects in your home.
There are several causes of action for construct defect claims, including “strict liability,” which applies when there is damage resulting from the defect. This means plaintiffs do not have to prove that the developer was guilty of any lack of due care or that it was engaged in acts of intentional misconduct.
As long as your case is not barred by any statutes of limitations and your home has a construction defect, you have a very high chance of recovering damages. Developers are aware of this fact, and the vast majority of all construction defect cases are settled before trial. Therefore, you probably will not have to go through the whole litigation process.
Lastly, you should know that your case might be taken on a contingency fee basis, which means you will not pay your lawyer anything unless your lawyer recovers money for you. You do not have much to lose by filing a construction defect lawsuit, but you certainly have a lot to gain. If you have a construction defect in your home and would like more information, do not hesitate to contact Silldorf & Levine, LLP.