You notice a small crack forming along your Los Angeles home’s wall. Weeks later, it grows, doors stop closing properly, and you discover signs of foundation movement. What initially seemed cosmetic may actually indicate defective design, materials, or workmanship, and repairing the resulting damage could prove expensive.
If you are facing problems with newly constructed or renovated property, you may have a claim. At Artemis Law Group, our construction law attorneys in Los Angeles help you navigate construction disputes and determine who may be responsible for your losses.
What qualifies as a construction defect in Los Angeles?
A construction defect is a deficiency involving a property’s design, materials, preparation, or workmanship that prevents the structure or its components from performing as reasonably expected. Some defects become apparent shortly after construction, while others remain concealed until water intrusion, structural movement, or another problem exposes them.
Your legal options can also depend on how the construction was carried out. If you purchased a newly built residence from a builder or developer, California’s Right to Repair Act, commonly known as SB 800, may govern your legal claim and require specific pre-litigation procedures. If you directly hired a contractor for remodeling, repairs, or an addition, your claim may instead involve breach of contract, negligence, or other applicable legal theories.
Common categories of construction defects include:
- Design defects involving inadequate or improper architectural, engineering, or construction plans
- Material defects involving defective, unsuitable, or substandard building products
- Workmanship defects resulting from improperly performed or incomplete construction work
- Subsurface or geotechnical defects involving soil conditions, grading, drainage, or inadequate site preparation
- Latent defects remaining concealed until problems develop months or years later
- Patent defects reasonably discoverable through inspection or observation
Establishing a claim typically requires more than showing that something went wrong. You may need evidence demonstrating that a defect exists, connecting that defect to your property damage or financial loss, and establishing the reasonable cost of correcting it. Photographs, contracts, plans, inspection reports, repair estimates, and evaluations from engineers or other qualified experts may become important evidence.
What compensation can I recover?
The compensation potentially available in a Los Angeles construction defect case depends on the nature of the defect, your resulting losses, applicable contracts, and the legal basis for your claim. There is no universal recovery amount, but several categories of damages may be available depending on your circumstances.
Cost of repairs
Repair expenses are often central to a construction defect claim. You may be able to seek the reasonable cost of correcting defective work and repairing damage it caused. For example, defective waterproofing might require not only replacement of the waterproofing system but also remediation of resulting damage to walls, flooring, framing, or other components.
Diminished property value
Some defects can negatively affect a property’s market value even after repairs are taken into account. Depending on the circumstances and applicable law, you may be able to pursue damages reflecting an established reduction in your property’s value attributable to the construction problem.
Consequential damages
A defect can create expenses beyond the physical repair itself. Depending on your case, recoverable losses may include certain additional costs that resulted from the defective construction. Establishing these damages generally requires showing a sufficient connection between the defect and the financial loss you incurred.
Attorney’s fees and other recoverable costs
Attorney’s fees are not automatically recoverable in every construction defect dispute. However, your construction contract or an applicable statute may provide a basis for recovering certain legal fees and costs. Reviewing your contract early can therefore be important when evaluating the potential scope of your claim.
Discuss your Los Angeles construction defect with Artemis Law Group
Construction defects can affect your property’s safety, usability, value, and your finances. They can also involve strict deadlines and complicated questions about contracts, causation, and responsibility. If you discover signs of defective construction, document the problem and seek guidance promptly to help you understand your options.
Our construction law attorneys in Los Angeles represent clients in construction disputes and develop strategies tailored to each matter. If you believe defective design, materials, or workmanship have damaged your property, contact us to discuss your situation.