Legal Question in Construction Law in California

Re: construction defect

You have a few potential routes of recovery. Typically, a seller is not liable for undisclosed construction defects that existed at time of sale, provided he was not aware of those conditions. However in the situation of an owner/builder, particularly one of who is a licensed general contractor, he may have liability in his capacity as a contractor. Moreover, as the general contractor, you may have stronger case in claiming his actual knowledge of defects prior to sale. Finally, you may also have recourse against his subcontractors who did the work.

Construction defect and real estate disclosure cases can involve complicated insurance and legal issues. In the amount at issue is significant, I recommend that you contact an attorney for further evaluation.

For assistance on this matter, please feel free to contact our office to arrange for a consultation.

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