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Construction Defect ClaimsA construction defect can turn into a nightmare for its victims, leading to costly repairs, safety hazards, and complex legal battles. Below, Law Offices of Samer Habbas & Associates, PC clarifies some of the main types of construction defect claims that individuals can bring in Los Angeles and how an attorney plays a major role in a victim’s pursuit of compensation and justice.

Strict Liability Claims

The Right to Repair Act defines construction defects in California through “functionality standards”. This Act is applicable to residences sold after January 1, 2003. In strict liability claim scenarios, plaintiffs don’t need to prove a breach of duty but must demonstrate that a defect in a mass-produced item caused injury. The Right to Repair Act lists about 45 functionality standards that may potentially be resolved via a strict liability claim, divided into seven categories, including water intrusion, structural issues, and electrical system problems. If these standards are violated, damages are recoverable. Potential defendants include builders, developers, manufacturers, suppliers, and sometimes subcontractors.

Negligence Claims

Negligence claims arise when injuries occur due to poor construction. Plaintiffs must show that defendants failed to meet professional standards or building codes, often requiring expert testimony. However, actual bodily injury or property damage is required to sue a builder for negligence, as outlined in the Right to Repair Act.

Breach Of Warranty Claims

Warranties in real property contracts can be express or implied. Express warranties are specific promises made by the seller, and breach of these warranties results in strict liability. Implied warranties are non-verbal and created by statute or case law, requiring new constructions to be done in a workmanlike manner. However, certain criteria must be met for a breach of implied warranty claim to be successful. The complexities of any of these kinds of claims underscores the need to speak with a construction defect lawyer before committing to any particular response to a defect-related situation.

Breach Of Contract Claims

A breach of contract occurs when terms in the home purchase agreement or design contract are violated. These claims are often related to express warranties or contracts between developers and subcontractors.

Misrepresentation And Fraud Claims

These claims involve intentional misrepresentation or nondisclosure of construction defects. Essential elements include false representation of material facts, intent to deceive, and reliance by the plaintiff leading to damages. Intentional misrepresentation is often used against developers who file misleading information or sell property without disclosing known defects.

Contact Law Offices of Samer Habbas & Associates, PC Los Angeles Construction Defect Lawyers

Victims of construction defects in California have various avenues available so that they can seek redress, including strict liability, negligence, breach of warranty, breach of contract, and misrepresentation and fraud claims. Each type of claim has specific requirements and implications, making it essential for victims to seek legal guidance from a construction defect attorney accordingly.

Contact construction defect lawyers at Law Offices of Samer Habbas & Associates, PC at 949-727-9300 or online to schedule a consultation. Our team is dedicated to guiding you through each step of your claim, ensuring your rights are protected and that you receive the compensation you deserve.