Construction Defects
Expert Resolution of Construction Defect Disputes
Who We Represent in Construction Defect Cases
At Nozar Law, APC, we advocate for a broad spectrum to clients impacted by construction defects. From individual homeowners to large-scale property owners, we understand the unique concerns and legal needs of each group we serve. Our firm handles claims for:
- Single-family homeowners
- Homeowners associations (HOAs)
- Commercial and industrial property owners
- Condominium owners (high-rise, mid-rise, and other common interest developments)
- Townhouses and planned unit developments (PUDs)
- Multi-family residential buildings
- Commercial owners associations, developers, and property operators
Our approach is always tailored. We help clients understand their rights, analyze governing documents, and develop a litigation strategy that protects their property, budget, and long-term interests.
Understanding Construction Defects
A Construction defect is any flaw resulting from poor design, substandard materials, or faulty workmanship that compromises a structure’s safety, value, or functionality. These defects often remain hidden for years and can have serious legal and financial consequences. Some examples of construction defects include:
- Water intrusion: water leaks through doors, roof, windows, decks, balconies, or exterior walls, planters, and retaining walls; water stains on drywalls, decks, underground parking
- Structural damage: excessive crackings in slabs, foundations, or walls; uneven floors or sloping
- Soil movement and subsidence: uneven floors and foundational shifts; doors and windows become hard to operate
- Mechanical failures: problems with plumbing, HVAC, and electrical systems
- Interior defects: defects involving cabinets, mirrors, flooring, countertops, paint finishes, and trim
We help clients assess whether issues are legally actionable construction defects, then document and pursue claims based on all available claims.
What Is The Right to Repair Act (SB800)?
Prior to commencing a civil action against a builder for construction defects, homeowners are obligated to comply with the Right to Repair Act, a pre-litigation procedure commonly referred to as “SB800” (Civil Code §§ 895 et seq.). Some key takeaways for SB800 are:
- SB800 applies to new residential construction only
- Prior to filing a lawsuit, the homeowner and builder must follow a pre-litigation procedure
- During the pre-litigation procedure, builders are given the opportunity to inspect and repair the construction defects, or offer the homeowner money
- SB800 establishes comprehensive building standards that new residential construction must adhere to
In addition to representing homeowners under SB800 in construction defect actions involving new residential construction, Nozar Law, APC has extensive experience representing homeowners in construction defect actions against developers, builders, general contractors, subcontractors, and design professionals involving claims for breach of contract, breach of express warranties, breach of implied warranties, and negligence.
Don’t Wait to Pursue Your Construction Defect Case
Statutes of limitation and statues of repose are a time limitation in which a homeowner must bring an action to pursue a construction defect claim. The exact deadline of the statutes of limitation will depend on various factors, such as when the construction was completed, when you first discovered the defect, whether the defect is not easily observable, and the type of claim that you are pursuing. We can help you understand what time limitation(s) may apply in your specific situation. Contact Nozar Law, APC so we can evaluate your case and take legal action for you as soon as possible.
The Construction Defect Legal Process
At Nozar Law, APC, we handle the full process with precision and strategic care–from initial inspection to final settlement or trial. Our process includes:
- Initial Consultation: We assess your situation and review governing documents and contracts.
- Site Evaluation: Experts (engineers, architects, contractors) inspect and document potential defects.
- Notice and Compliance: We prepare and serve formal SB800 notices to the builder.
- Pre-Litigation Process: We manage inspections and destructive testing, repair offers, and compliance timelines.
- Alternative Dispute Resolution: We prioritize resolution through mediation when possible.
- Litigation: If necessary, we file a lawsuit and pursue full compensation through trial or binding arbitration.
- Post-Settlement Support: We assist clients during the repair process and enforcement of settlement terms.
We carry many upfront costs, including consultant fees, so our clients can focus on protecting their property. Remedies we pursue may include:
- Cost of repairs
- Diminished property value
- Relocation and storage expenses
- Damage to other building components
- Investigative costs (consultant fees)
Our firm is committed to delivering clarity, strength, and results throughout every stage of the claim.
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Case Testimonials
Real Stories From Real People
Consistently received updates and answers to my questions. I appreciate the hard work and follow up requests. Thank you
Raul Sanchez
Josh was great to work with. he was clear, responsive, and made the whole process easy. I highly recommend their services.
Brandon Bral
I had a very good experience with this Law firm. I started off with a different Law Firm, and things did not seem to be going anywhere, and Mr. Nozar Took over my case, and made it happen. I’m happy with the results. Everything was handled very professionally and I was able to reach him anytime I needed him.
Jennifer Martin
Josh is a phenomenal attorney, very thoughtful and knows how to think about complicated issues. Very practical and knows how to make a great deal. Very happy I found him and would recommend him to anyone I know.
Eli Zaga
Josh is extremely professional, very competent and knowledgeable, and a master of negotiating and achieving a desirable result for his clients. Highly, highly recommend!
Emmet Nosrati
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