Filing a Construction Defect Claim? Here’s What to Do

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A Huge Crack in a WallDid you recently discover leaks in the walls and ceilings of your new home? Is your newly renovated kitchen showing some construction defects? You may want to file a construction defect claim against your contractor. After all, you don’t deserve a damaged property after shelling out thousands of dollars for your new home or kitchen.

If you aren’t sure how to file a construction defect claim, here are some tips for you:

1. Know the Statute of Limitations in Your Area

In California, for instance, there is a four-year limitation period for visible defects and a 10-year statute of limitations for hidden defects, according to Haffner Law. Your claim would no longer be valid if you have filed it after the limitation period expires. Once you noticed a defect in your new home, it is best that you file a claim right away.

2. Comply with SB 800

Before you can file for a construction defect claim in California, you need to comply with the pre-litigation process called SB 800. This process requires you to notify the builder or contractor about the defects, as well as give them the opportunity to provide repairs. If the contractor ignores your notice, you can proceed with filing the claim.

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3. Determine the Roles of the Contractors and Subcontractors in the Defective Work

Winning a construction defect claim is complicated, especially if there are several subcontractors involved in building or renovating your home. The general contractor, developer, and subcontractors all have different insurance policies. You need to determine the level of involvement of these players in the poor work, as well as their coverage, so you’ll know which company should be held liable for the damages to your property.

Filing this type of claim could be a daunting and complicated task for you. It is best to hire a lawyer to guide you throughout all the legal processes, as well as help you make smart decisions during litigation.