Defective Construction Practices & Seeking Reputable Legal Counsel

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Defective construction practices

Leaking roofs or windows, plumbing problems, cracks in stucco or drywall, cracks in foundations, and drainage problems are typical construction defects that create headaches for homeowner associations.

Unfortunately, too many residential projects are plagued with faulty construction. Whether the result of shoddy workmanship or builders who intentionally cut corners, homeowner associations are frequently faced with the need to provide project-wide repairs at costs far beyond dollar amounts established in their reserves.

In construction defect cases, time is not an ally. Various statutes of limitations apply. As soon as a problem becomes apparent, associations should notify the developer and ask for immediate repairs. Associa­tions should also consult legal counsel, to ensure that even in the event of developer repairs, the association is properly protected. Investigations by building industry experts are often needed to determine the full extent of the defect problems and sometimes take time to complete. The association needs proper counsel to ensure that its claims are not camouflaged by band-aid or temporary repairs. Quick action on the part of the association and its legal counsel is crucial.

Seeking reputable and competent legal counsel: Epsten, APC

As legal counsel for hundreds of California common interest developments, Epsten has a unique understanding of the operations of homeowner associations and the fiduciary responsibilities of their boards of directors. We also know that construction defect problems are some of the most complex issues that a homeowner association and its board may have to deal with.

Our experienced attorneys will assist the association in negotiating with builders and developers to rectify construction problems. Or, if the situation calls for more action, our attorneys can guide the association to a proper resolution of the issues through mediation, arbitration or construction defect litigation. The cost of qualified design and construction consultants and competent legal counsel is money well spent. The association may recover costs paid to industry experts from the developer if a case is filed. In addition, Epsten will, in some cases, take the case on a contingent fee basis, which means that legal fees are not paid during the case, but only when funds are recovered for the association.

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