Legal Question in Construction Law in California

Builder Negligence suit

My wife and I could have lost our lives in a fire when our chimney went up in flames. (I ended up on the roof with my garden hose and kept the flames down until the fire dept arrived. Still there was 25k of damage)

We hired an expert witness in the field of chimney construction who unequivocally determined that the fire started because the builder did not install an essential part of the chimney. (The metal plate on the top.)

The insurance Co. hired a lawyer and took the builder to court. We presented the expert report, the contract with the builder showing he was contracted to complete the chimney. There were no mitigating circumstances in the builders favor yet the judge found for the defendant.

I am totally mystified that the judge made a decision that flew in the face of the only available evidence. (The builder was in court with no representation and stated only that he wasn't responsible.)

It just feels galling that the evidence was ignored with no basis and I'd appreciate some insight.


Asked on 10/29/08, 10:38 pm

1 Answer from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: Builder Negligence suit

If you represented yourself, you took a large gamble and lost. Depending on when the judgment in favor of the defendant was entered, you may have a right to appeal. However, this is time sensitive so act fast. Make sure you get an attorney. You will have an uphill battle. Generally speaking, absent a clear error, the appellate court will only address legal issues surrounding your case and will accept the factual findings of the trial court.

Best of Luck!

Read more
Answered on 10/30/08, 9:45 pm


Related Questions & Answers

More Construction Law questions and answers in California