Legal Question in Civil Litigation in California

I am a condo owner. This is an income property. A large construction company did a huge project for our building replacing the condos� windows and patio doors in 2010 - 2011. It cost the home owners $140,000.

My patio door which cost me $800 for replacement is leaking water inside the unit when it rains. There is also water leak from the windows when it rains.

There are already black spots around the windows inside the unit.

The contractor is not responding to my request to remedy the problems in my unit. Some other condo owners have the same issues.

Foe how long the construction company is legally required to fix the problems?

What should I do if they refuse to fix the problems stated above?

Thank you.


Asked on 4/02/12, 12:32 pm

1 Answer from Attorneys

The contractor's state license law requires contractors to warranty their work for four years minimum, which coincides with the statute of limitations on an action for breach of contract, so it's basically the same thing. If the defects are unable to be detected, however, there is up to ten years to sue. Because you are in a condo, it is all but certain that the HOA is the only entity that has a legal right to sue, although if the HOA is not providing a water-tight enclosure, individual unit owners may have a right of action against the HOA. So the HOA should be motivated to deal with this. Accordingly, your first course of action is to demand that the HOA address these issues with the contractor. If the HOA refuses, then you have to consider individual action against the HOA. I have over 25 years of construction litigation experience. So if you or the HOA board would like further assistance, please do not hesitate to contact me.

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Answered on 4/02/12, 5:01 pm


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