Resolving construction defect disputes in California for over 20 years
Scott D. Levine, APC has specialized in resolving construction defect disputes in California for over 20 years. These issues may present themselves either on the small or large scale, and may pertain to either mid- or high-rise buildings, but our approach is always the same in providing concentrated attention to each of the few clients we take on, attaining the desired results for property owners and Associations whether that is through litigation or other negotiations.
We Bring Unique Experience to Construction Defect Litigation
Representing community associations in construction defect claims and litigation has been Attorney Scott Levine’s focus since 1996. He has litigated against builders, developers, and subcontractors and offers unique experience due to his involvement in 2002 in co-negotiating and writing SB800 – the Construction Defect Law for California.
Not only does Scott D. Levine, APC have decades of experience in representing consumers, but Mr. Levine knows the statute regarding construction defects thoroughly. This is imperative—and especially for Associations bringing forth claims—as the law can be complex.
Construction Defects May Cause Serious Damage to Your Building
Often construction defects in large buildings and other structures will become apparent after especially heavy rains. While most leaks are a headache, some of these defects can cause serious damage to the structure of the building, as well as its aesthetic qualities. Inhabitants—as well as all involved—are most likely frustrated and inconvenienced, perhaps even to the point of having to move out. The situation will need to be rectified as quickly as possible, and that’s where we come in, helping you to find a resolution that is to your satisfaction.
Construction defects generally occur due to inferior products or design, as well as building projects that are managed at accelerated speeds, whether by the developer or the subcontractors who want to hurry up and get on to the next job. Once a defect is apparent and you report it to the builder, you may be referred to customer service for repairs. It’s important to note here that although you may be reporting the construction issue to the builder or developer, this is not the same as filing a claim. This is the time to call an experienced attorney who can investigate the defect and handle the legal claim for you from there.
Construction defects can occur in nearly any part of a building, apparent when parts or elements of the structure fail or are not up to code. Windows may be defective and a variety of doors may leak, causing damage to other parts of the building. Decks, roofing systems, foundations, and much more may be causing issue—very often due to water. There may also be structural issues, soil issues, and fire protection issues. From identifying to resolving the defect, the process can be complicated, and each case is unique whether we are investigating a mid- or high-rise structure.
We will also need to review your Declaration of Covenants, Conditions, and Restrictions to see if it has arbitration clauses in place for your Association, and whether they are enforceable. Usually one person is appointed as a contact, and we communicate with them, answering all questions as needed, as well as providing numerous other written updates to the Association and attending attend periodic meetings of the Board of Directors, in Executive Session.
You Have Our Full Attention as a Client
Upon setting up a consultation to come look at your property, we take time to listen to your needs as an Association. This allows us to understand what results you hope to achieve, ultimately, as we guide you through the claims and litigation process. The process begins with our team of experts investigating the structure for construction defects. Made up of industry professionals who specialize in areas such as architecture, engineering, building and construction, general contracting, and more, our team is well-equipped to identify the issues at your site.
Once the defect or defects have been identified, we then move forward to discuss the best plan of action for your Association, whether that is pursuing litigation or other avenues. Before filing suit, you must complete the pre-litigation process. We can help you with this, along with completing the Calderon Process, which requires additional pre-litigation steps for Associations, and includes a 180-Day Dispute Resolution Period.
We will also need to review your Declaration of Covenants, Conditions, and Restrictions to see if it has arbitration clauses in place for your Association, and whether they are enforceable. Usually one person is appointed as a contact, and we communicate with them, answering all questions as needed, as well as providing numerous other written updates to the Association and attending attend periodic meetings of the Board of Directors, in Executive Session.
