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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In California, construction defect law is governed by both statutory and common law. The primary statutes are found in the California Civil Code, which includes specific provisions related to construction defect claims, such as the 'Right to Repair Act' (Civil Code Sections 895-945.5). This act outlines the standards for home construction, the rights of homeowners, and the pre-litigation procedures that must be followed before filing a lawsuit for construction defects. Additionally, California recognizes the legal concept of implied warranties, which hold that constructed buildings must be built in a workmanlike manner and be fit for their intended purpose. To bring a claim for construction defects, the plaintiff must typically show that the defect was a result of a failure to construct the building to the industry standards or to the owner’s reasonable expectations, that there is resulting property damage or personal injury, and that the defect was discovered within the time limits set by the statute of limitations or the statute of repose. An attorney specializing in construction law can provide specific guidance and representation in such matters.

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Construction law

defects

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

California State Code

California State Code

Construction law

defects

Articles