Construction Defects

If your home is experiencing a construction defect issue resulting from either the original construction or a remodel project: what do you do first? At Lunski and Stimpert, we have represented both residential and commercial owners, developers, and general contractors, throughout California including cases involving single-family homes, condominiums, townhomes, lofts, apartments, high-rise buildings, and multi-phased developments.

We have extensive experience representing contractors, subcontractors, product manufacturers and suppliers, material and equipment dealers, engineers, and architects. Our representation of both plaintiffs and defendants provides an advantage to our clients.  It allows us to better understand and anticipate our opponents’ positions and strategies and objectively assess the strengths, weaknesses, and economics in resolving our clients’ cases.

Construction defect litigation is a highly specialized area of the law that requires a lawyer with significant experience in this area of practice to reach a favorable outcome for their client. 

At Lunski and Stimpert, we are skilled in both prosecuting and defending a wide variety of construction dispute issues, including improperly constructed and/or defective roofs, gutters, downspouts, venting, soffits, weather-resistant barriers, siding (cedar, stucco, masonry, vinyl, EIFS, Hardiplank),paint, building paper, windows and doors, shear walls, foundations, concrete, insulation, drainage, plumbing, HVAC and electrical systems,sound transmission, wood flooring, soil and land preparation, soil contamination, earth movement and landslides.  Our experience also includes cases involving building envelope defects, land suitability, environmental contamination, and water intrusion and related damage, including dry rot damage and mold.



OUR REPRESENTATION OF BOTH PLAINTIFFS AND DEFENDANTS PROVIDES AN ADVANTAGE TO OUR CLIENTS.  IT ALLOWS US TO BETTER UNDERSTAND AND ANTICIPATE OUR OPPONENTS’ POSITIONS

In California, the time limit to file a lawsuit for construction defects begins to run when the defect is discovered, or should have been discovered by a reasonable person. If the defect is patent, or apparent based on reasonable inspection, the action against a defendant must begin within the time period specified by state law.  California law imposes time limits on construction defect claims by establishing statutes of limitations which specify the amount of time a homeowner has to initiate a lawsuit for construction defects once the defective conditions are discovered.  Statutes of limitation prevent lawsuits after a fixed period of time. These statues are complex and sometimes vary depending on the type of defect involved.

If the defect is latent, or not readily apparent by reasonable inspection, any action to recover damages generally must be within ten years after construction or improvements are substantially completed.  It is critical that you seek the advice of an experienced construction defect attorney if you believe the damages to your home are the result of a construction defect before you lose your right to seek a remedy from the responsible parties.

If you are involved in a dispute over construction defects, please contact us for the assistance you need to resolve the issue quickly and in a cost effective manner.

 

Contact Lunski and Stimpert LLP today. Initial consultations are free of charge.

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