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San Diego Construction Law Blog

Roofing defects must be addressed immediately

You count on your home's roof to keep the contents dry when it rains. When this doesn't happen, either the roof is old and needs to be replaced or there are defects in it. If the roof was recently put on and it is leaking, it is time to find out why. Ideally, you will be able to get this done before the rains begin again because there is a lot of damage that can be done to the structure, as well as the things in the home or office.

Many roofing defects are possible, so the contractor you hire must be sure that they are doing the job properly. Any errors during the installation can allow rain to enter the home. Some of the issues that can cause this problem include a failure to install underlayment properly, not putting the flashing up appropriately and not overlapping the shingles as required.

Urgency is present in construction defect cases

We recently discussed some points you need to know about alternative dispute resolution that might come in handy if you have to take action because your construction project isn't being handled in the proper way. There are times when you do have to seek legal recourse; however, there is sometimes a chance that you can get things hashed out without having to do this.

Construction defects are serious matters that must be handled swiftly. There are some instances in which you will be unable to use a structure until it is corrected. Because you probably need to have full use of the building, you need to have the problems fixed right away. Unfortunately, the contractor might not share your urgency for getting the matter taken care of.

Arbitration is commonly used for construction disputes

Some construction contracts have clauses in them that make it mandatory for disputes to go through the arbitration process. This is an alternative dispute resolution method that keeps cases out of court. When this is in the contract, there isn't a very good chance that you would be able to work around it. Understanding some of the basic points about this process might help you know what you are going to need to do to get your dispute resolved.

When you go through arbitration, you will present your case to a third-party arbitrator. In some cases, there is more than one person who will hear the case. The process is similar to a court hearing, but it is simplified and much more informal.

Determine how to deal with unscrupulous contractors

Contractors will usually do the job you pay them to do without any issues. Every now and then, you might run into one who doesn't do a good job or who won't stand behind their work. When this happens, you might end up having to take legal action to be compensated for the damages. We are here to help you when this is necessary.

Most construction projects come with contracts. This document should clearly spell out what will happen if there are issues with the project. In most cases, you will need to refer to this to determine how to proceed. Typically, you will be able to alert the contractor to the issue and they will make plans to correct it. Many contractors rely heavily on word of mouth, so they don't want any negative publicity out there.

Construction materials can result in possible defects

When you have a structure built, you assume that the frame and weight-bearing areas will be strong enough to support everything. There are some cases in which this might not be the case.

This type of construction defect can cause some serious issues, because they can eventually lead to the building being deemed uninhabitable due to instability.

All construction issues require immediate attention

Any issues with a construction site require that the impacted party take action. This can be a homeowner, but it might also be a construction worker. We are familiar with construction law and are ready to represent any impacted people while they take steps to rectify the situation that they are facing. No matter what problems you have right now, we can work with you to figure out your next steps.

For the property owner, there is a need to make sure that the construction project is done without any issues. Construction defects, such as the problems that can lead to toxic mold, must be addressed immediately. Unfortunately, handling these can mean that the property owner is out of a lot of money and might even be unable to use the property until it is fixed.

Toxic mold: A serious construction defect result

There are many different types of construction defects that can occur. Some defects, such as putting windows in improperly or failing to ensure roofs are installed correctly, can lead to toxic mold problems. This is because the defects allow moisture into areas of the home where they shouldn't be.

When there is an issue with toxic mold, there is a chance that the occupants, and even visitors, of the home can suffer from negative health impacts. You might not always be able to see the mold growing, so you should be aware of other signs that there is a problem. One of these is that there is a musty smell in the home. Another thing to watch for is signs of water damage on ceilings, walls and floors. When you notice these, there is a chance that mold is growing.

Construction defects might be found in a home inspection

Sometimes, people who have a construction project completed realize that there are issues with it right away. Other times, there might be problems that don't become evident for a while. One time when issues might be pointed out is during a home inspection. When this happens, the seller might be liable for correcting the issues. That seller might opt to turn to the contractor who did the project to get things handled. In some instances, this might require a lawsuit.

There are a few issues that might come up that could fall on the original contractor. These are ones that aren't caused by regular wear and tear on the home. One of these is when there is a problem with the ground draining back toward the home. The standing water near the home can start to cause serious problems with the foundation. This is a costly issue to fix, so it must be handled early and swiftly. It is better to have the project laid out and planned with possible drainage issues being addressed before construction.

Do you want to build trust with your customers?

In the construction business (or maybe any business), good customer service is all about establishing credibility with your customers. To do that, you need to gain their trust.

If you really want to build trust with your customers -- and protect your business from legal issues at the same time -- start with a good contract.

Know your rights when dealing with building contractors

Hiring a building contractor for a project is a major decision. When you have bids coming in, you need to pay close attention to the terms that are included in the bid. There are sometimes cases in which the least expensive bid isn't going to be the best. The same is true about the highest bid. We know that this is a lot to consider when you just need a structure built.

Throughout the construction project, you should keep an eye on the progress. This gives you a chance to catch problems before they become major. Of course, nobody expects you to be an expert so you might not see everything that is a potential issue. One thing to remember as the project moves forward is that you aren't a burden when you check up on the project.

Law Office of Bryan R. Snyder, APC
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San Diego, CA 92101

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