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Construction Law Archives

Chinese drywall linked to health issues

Chinese drywall has been used in many homes in the United States. In fact, more than 20,000 homes reportedly used Chinese-made drywall. Unfortunately, this type of product has been linked to health issues and electrical defects. A new report by the federal government shows that Chinese drywall can be defective and pose risks to a person's health. 

Type of construction defect can impact time to file lawsuit

When your home or business has construction defects or design flaws, you can end up facing significant costs to repair the damages and any safety issues caused by these defects and flaws. What can you do to help pay for the damage to your home or business property?

Design flaws, defects lead to lawsuit in California county

When San Bernardino County agreed to an expansion project for the High Desert Detention Center in Adelanto, they weren't anticipating any additional costs to their set budget. The project added new beds to the detention center and increased the square footage to more than eight acres to address overcrowding in prisons. Despite the plans the county agreed to with the contractor, they've found out the hard way that construction defects and flaws can wreak havoc on your budget.

Dealing with builder over home defects can be difficult

Many families in California are interested in building their new home versus buying a home that was built several years or decades ago. As more new homes are being built throughout the state, some homeowners are finding defects in their homes despite only living there for a few months or years. 

Insulation defects lead to lawsuit against developer

When you purchase your home, you don't expect the property to be riddled with defects that can lead to expensive repairs, damage and stress. When developers are building a property, they are supposed to follow standards and build a property that will not have defects. 

Does your home have any construction defects?

Owning a home offers a sense of pride and accomplishment for many homeowners in California. When you bought your house, you probably were happy and excited about having a place of your own. Due to the excitement, you may not have noticed potential problems with your home that may have only gotten worse with time. 

HOA in California suing builder over construction defects

Can potential construction defects hurt the resale value of condominiums in California? That is the question many condo owners in Dublin, California are probably asking themselves right now. Many homeowners' associations for condos and townhomes in this city have filed lawsuits against the construction company for alleged construction defects. More than half the condos and townhomes listed in the Multiple Listing Service have pending litigation against the construction builder, which is unusually high for one city. 

When can a Contractor File a Lien in California?

There are several steps that a contractor must follow in order to file a valid lien in California.  First, a contractor, subcontractor, or materials supplier must serve the owenr with a Preliminary Notice.  The prime contractor (the general contractor) may avoid this requirement if their contract includes a mechanics lien warning. The Preliminary Notice must be served either before work begins, or within 20 days after the work is performed.  A Mechanic's lien is not valid unless a Preliminary Notice was properly provided.  The contractor must provide the date that work began or materials were delivered.

Lack of Fall Protection Results in Serious Injuries

  OSHA has reported that a fall from heights is again the leading cause of injuries on construction sites. OSHA rules generally require that any work performed over six feet in height requires safety protection, such as guardrails, harnesses, ropes, or some method to prevent injuries.  In residential construction, roughly 29 percent of all fatalities on construction sites are the result of an unprotected fall.  In 2011, OSHA tightened the requirements with respect to fall protection on residential projects.  The requirements now include guardrails, safety net systems, and personal fall arrest systems.  The OSHA directive provides that all residential construction employees who are engaged in work at six feet or more above lower levels must comply with fall protection requirements.  David Michaels, assistant Secretary of Labor for OSHA, noted: " No worker should have to pay with their life trying to make a living."

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