Construction defect claims can become complicated quickly because the damage may trace back to several different parties. A problem that appears to be a simple leak or crack can involve the general contractor, subcontractors, architects, engineers, manufacturers, and multiple insurance policies. Determining where the failure began and who is legally responsible often requires a detailed investigation.
Margossian Law represents property owners dealing with defective construction and the resulting damage to their homes, buildings, and businesses. We work with the appropriate experts to identify the source of the defect, determine the parties responsible, preserve the claim, and pursue recovery from those whose work contributed to the loss. In matters involving California’s Right to Repair laws, we also address applicable notice and procedural requirements while protecting the property owner’s ability to pursue a claim.
Common Construction Defect Claims
- Foundation cracking, movement, and structural deficiencies
- Water intrusion caused by failed waterproofing systems
- Defective roofs, flashing, drainage, and exterior installations
- Improperly installed windows, doors, and building openings
- Stucco, siding, and exterior wall failures
- Plumbing, electrical, HVAC, and mechanical defects
- Defective materials, products, or components incorporated into the property
- Claims involving contractors, subcontractors, design professionals, and manufacturers
- California Right to Repair and construction defect notice matters
- Complex claims involving multiple responsible parties and insurance carriers
A Defect Is Rarely One Party’s Fault
A leak at a window is a design decision, a manufactured product, an installation, a waterproofing detail, and an inspection that passed it. Any of those can be where the failure began, and they belong to different companies carrying different policies.
Working out which is not optional. Preserving a claim against a subcontractor whose work turns out to be the origin means identifying them before the deadlines run, and the investigation that identifies them takes time that the deadlines do not allow for generously.
The Right to Repair Process
For much residential construction in California, the Right to Repair Act sets standards for how a home should perform and a pre-litigation process that generally has to be followed before suit: written notice of the claimed defects, an opportunity for the builder to inspect, and an opportunity to offer a repair.
Whether it applies turns on the type of property and when it was built, and the procedural steps matter as much as the defect itself: skipping them can stay a lawsuit, while engaging with them badly can produce a repair that resolves nothing and consumes the time available. Document the condition thoroughly before any offered repair begins.
What the Claim Has to Establish
The technical case
- The defect, identified rather than described
- Where in the build sequence it originated
- The resulting damage, including concealed damage
- The cost of a repair that actually works
- Whether the defect is patent or latent, which drives the deadline
The responsibility case
- Which trade performed the work
- What the contracts and indemnities allocated to whom
- Which policies were in force at the time of the work
- Whether a manufacturer’s product failed as supplied
- Whether design or inspection contributed