Legal Question in Construction Law in California

construction defect

i was working for a general contractor

doing slabs. an was asked to help

repair some curb & gutter that the

city wanted removed & replaced, & to

help correct existing issues on an

existing job that was completed by

another sub who was let go for bad

work after he was done. i did the

repairs and found out later that the

general was being sued buy the hoa

for pour design. now the general is

suing me and using my insurance to

cover him self. my sir is more than

the work i did, and i would never

have done any work if i knew he was

being sued. he hired me to fix his

problem, but the hoa was not

satisfied so now he is using my

insurance in the lawsuit. what are

my rights? he did this on three

tracts? which he knew he was being

sued. theses problems were pre-

existing before i was even hired.


Asked on 11/20/08, 10:26 pm

3 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: construction defect

The bad news is, if you do nothing, you will lose potentially a lot, even if you are right. So first, you have to accept the fact that you need to hire an attorney. If you choose me, the first thing I will try to do is to get your insurance to pay for my attorney fees and costs in defending you so it doesn't come out of your pocket. Then, I will lay out the case to the contractor in a detailed letter in a way that hopefully he will lose his desire to come after you, including any possible cause of action against him. You are also right that you may have to defend yourself and prove that he did this intentionally and that the problems existed before you got there. This situation sounds like you have a good chance at resolving this. I can be pretty aggressive and that sounds like what you need right now. Let me know if you want me. If you want to discuss, email or call my office.

Best,

Daniel Bakondi Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 11/20/08, 10:41 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: construction defect

I'm sorry this has happened to you. Luckily you have insurance. Unfortunately, as the previous post has stated, if you do nothing, this will end badly for you. On the flip side, and in addition to attempting to negotiate a release with all the parties involved, you have nice leverage by way of a nice claim for 'fraud in the inducement' against the general. This claim means that essentially the general withheld material information (the fact that he had three existing claims) from you intentionally and you have been damaged as a result. We are handling a similar case involving a general and sub right now.

If you are serious about obtaining representation, feel free to contact us. Whatever you do, don't try to address this alone. Hire an attorney.

www.SoCalConstructionLaw.com

P. 714.904.1669

Best of Luck!

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Answered on 11/20/08, 11:13 pm
Terry A. Nelson Nelson & Lawless

Re: construction defect

Get an experienced attorney and follow his advice. He'll probably tell you to file your lawsuit and hope for the best.

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Answered on 11/24/08, 4:23 pm


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