Construction Defect

Construction Litigation

At Audet & Partners, we understand the heartache associated with a project that goes wrong. From cracks in drywall to unacceptable levels of mold growth or even structural issues: these are all telltale signs that something needs fixing and could very well be grounds for financial compensation. 

With more than 100 years of experience helping people get justice across California and beyond, you can trust us as your ally in seeking what’s rightfully yours!

You deserve justice, and with your construction defect attorney, we can drive your class action lawsuit forward. Call today to launch your construction defect claim.

What are Construction Defect Lawsuits?

Construction issues happen all the time. The builder may claim that a problem is not really a problem and meets industry regulations. But your construction injury attorney from Audet & Partners cuts through these tactics to get to the heart of the matter.

Construction defect litigation can pertain to any number of lawsuit types. For example, class action lawsuits can represent residents who have experienced defects within a new apartment block.

Typically, contractors, design professionals, suppliers, and developers can all be found liable for defects in a building project.

Many states have passed legislation requiring the relevant homeowner or homeowners’ association to notify the developer or contractor of a problem first. If they fail to respond and remedy the damage, you can hire a construction defect lawyer to launch your case.

Never try to take on these cases yourself. Construction law & litigation is highly complex. Enlist an experienced attorney to take rogue construction companies and contractors to task.

Types of Construction Defect Lawsuits

Do you have a case?

Construction defects can happen in the residential, commercial, and industrial sectors. Most problems are only discovered after the conclusion of a project but can arise during construction.

Audet & Partners can connect you with a qualified construction injury attorney to assess whether you have a case.

Here are some of the case types we can fight for you.

Breach of Contract

Breach of contract situations must involve a contract signed by both parties. For example, buyers who purchase homes before they have been built would be eligible to sue for breach of contract.

Breach of contract cases encompasses broad scenarios, such as construction delay lawsuits, unstable foundations, or exploding gas lines.

Anything that breaches the builder’s duties outlined in the contract is a basis for a lawsuit.

Breach of Warranty

Are you frustrated that you did not get what you deserved? 

Moving into a new building and discovering problems within a warranty period is frustrating, but a builder refusing to acknowledge or act upon the problem is even worse.

Construction defects damage the value of your property and potentially put your life and belongings at risk.

Stop fighting to contact your builder and work with Audet & Partners instead. We specialize in identifying when you may have grounds to sue under breach of warranty and can help get results fast!

Negligence

Construction defects often fall to basic negligence.

Negligence-based claims are based on a duty of care that was breached by one party. You would have a case if the breach of duty of care resulted in damages.

For example, if a homeowner discovers their stairs aren’t built in proper compliance with safety protocols, this is a defect. You could take action with a negligence-based lawsuit with a construction defect attorney at Audet & Partners.

Strict Liability

Did you know that construction defects can also include product liability?

Defect products sold to consumers are grounds for launching a lawsuit or even a class action lawsuit. Companies that supply defective products can be held liable for damages. 

Likewise, companies responsible for making those products could be embroiled in a construction-related personal injury lawsuit. 

Regarding construction and personal injury, a lawyer at Audet & Partners will ensure they don’t avoid accountability!

Does My Case Qualify for Action?

Knowledge is power, and understanding whether you have a case is why so many people fail to get the justice they deserve.

Some of the cases that Audet & Partners have taken on in the past include:

• • Roof/window leaks
• • Cracking concrete
• • Stucco shrinkage
• • Drywall cracking
• • Mold/mildew growth
• • Moisture through the floors
• • Structural problems
• • Water ponding on balconies
• • Drainage problems
• • Fit and finish issues 

You have the right to enjoy a finished project that matches your expectations. With Audet & Partners, you will work with a lawyer ready to take on your case and win justice, no matter how big the construction company is.

Construction Litigation from Audet & Partners, LLP

All of these lawsuits are civil in nature. Depending on the basis of your claim, different statutes of limitations may apply.

Every state can set its own statute of limitations, so you must contact an attorney when you believe there is a problem.

Delaying action can mean losing your right to claim entirely. Before contacting Audet & Partners, here is what you need to know in California.

Claims for Defects in New Homes or Condominiums After 2003

Under Civil Code section 895, a new type of claims process was developed for new homes in California.

Before launching your class action lawsuit in California, the Builders’ Right to Repair Statute, or AB 800, gives the builder the right to remedy the problem before legal action may be taken against them.

Your statute of limitations depends on your claim. For example, oral breach of contract or strict liability claims have a two-year statute of limitations, whereas claims based on a written contract have a four-year statute of limitations.

Under California law, you must follow a strict process to lodge your claim. Contact a residential construction attorney who understands the system and can take the necessary steps on your behalf.

Limitations Period Expired? You May Still Have a Claim

Since the statute of limitations clock begins when the breach occurs, many rogue builders can escape justice.

But just because your limitations period expired does not mean you have no claim.

If you believe the builder concealed, misrepresented, or failed to disclose a defect, or even committed outright fraud, you could still have a claim.

These violations may be brought within three years from when they were discovered under the Code of Civil Procedure §338.

Find out whether you can still lodge your lawsuit with Audet & Partners today. 

Contractual Limitations Shortening

The statute of limitation periods on construction defect lawsuits can be shortened if both parties agree. Building contracts often include provisions that legally cut into statutory limitation periods or impose other pre-conditions to filing a lawsuit.

Giving up your rights to sue or limiting your damages may only become apparent when your attorney reviews the contract.

Always read and ask for a second opinion on your contract before signing it. Having a residential construction attorney available to examine your agreement from the beginning can prevent you from inadvertently giving up your rights.

Secure Justice with the Compensation You Deserve

Construction defects can be fatal. When it comes to taking action, we mean business. 

Securing damages for every affected party is what we are passionate about. You have a right to pursue compensation for costs and losses resulting from a construction defect.

With Audet & Partners, we can secure the following:

Economic Damages

Were you injured due to a construction defect? Did you experience a financial loss from a defect?

Economic damages seek to compensate victims for their direct financial losses, including:

• Medical bills
• Future medical costs
• Lost income
• Property damage

With Audet & Partners, we can secure you the maximum in economic damages. While we cannot help with the trauma of a personal injury resulting from a construction defect, we can support you in paying for the help you need.

Non-Economic Damages

Some damages are not economic in nature. Personal and emotional harm can result from construction defects.

We recognize a range of adverse outcomes that could be eligible for compensation. Some of the non-economic damages we have won in past cases include:

• • Loss of enjoyment
• • Mental suffering, including anxiety and depression
• • Physical suffering
• • Embarrassment
• • Post-Traumatic Stress Disorder (PTSD)

Every case is different, and we will explore the full impact of a construction defect to go beyond obvious economic damages.

Hiring an attorney is critical to evaluating the value of your class action lawsuit and pursuing it successfully.

Contact us today to learn about construction litigation and to determine whether you have a case.