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Notice to homebuilders after discovering construction defects

On Behalf of | Sep 27, 2022 | Real Estate Law & Litigation


 When people decide to build their new home, they tend to do so for a couple of different reasons. One is having the ability to choose the design and create the home in the exact way they want it. The other is that they want something new and to not have to worry about underlying problems that develop over time in older houses. The last thing that they expect is that their new home will have problems.

There are many parts to the construction process and many contractors involved, and sometimes mistakes happen. These construction defects can cause major problems and damage to the new home and can be costly to fix. It is fair that people would want not only for the defects to be fixed, but also to be compensated for the damage and the repairs needed to fix the problems.

Homeowners must allow homebuilder opportunity to fix mistake

Before people can start a lawsuit against the general contractor for the defect and damage though, they have an obligation to notify the homebuilder and allow them the opportunity to fix the problems. They also must give the homebuilder the opportunity to inspect the property and the defects, exchange documentation and also attend mediation if there is a dispute about the defect and what needs to be done to repair it along with the damages caused by the defect.

This process is designed to reduce the amount of construction litigation in California. It also affords the homebuilder the opportunity to fix their mistake. There are no guarantees that this process will be successful though. There may be disputes regarding the defect itself or the extent of the damages caused by the defect. After following the process described above homeowners do have the right and opportunity to begin legal proceedings. Experienced attorneys understand the law and requirements surrounding construction defects in new homes and may be able to help one’s home become new again.