Legal Question in Construction Law in California

Hi,

I am the board member of a 12-units business park located in Chino, CA. Recently, there's been a total of 4 leakage problems throughout various units of the park and cost us a total of $20,000 dollars to fix the problem. Our business park is about 3 years old, and the warranty from our constructor is only 1 year. However, we found that the leakage problem was caused by wrong parts used during construction.

Is it possible for us to get the money back? Will anyone be willing to take this case?

Thank you!


Asked on 2/07/11, 4:46 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's not a huge leap from "used the wrong parts" to actionable negligence, and if four of 12 units have experienced leakage, perhaps the others are not long from needing similar outlays. Therefore, I thik your situation is well worth discussing with a lawyer who does construction defects litigation in your area. Maybe the contractor or developer will settle. However, this is a long way from predicting that you'll recover damages, or guessing how much. The fact that you have a one-year warranty will come up as a defense, and how it's worded may control. Also, a lot of contractors and developers have gone out of business or have become financially too weak to respond in damages.

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Answered on 2/07/11, 6:27 pm


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