• Overview
• Types of Structures
• FAQs
• Typical Defects / Issues
• Highlight California
  Construction Defect Law
• Types of Clients
• Types of Claims

Any type of structure and real property around and below a structure can be the subject of a construction defect claim.

Defect claims frequently involve all aspects of the property:

1. Above ground structures (building, garage, etc.)
2. Adjacent improvements (retaining walls, perimeter fences and walls, driveways, walkways, drainage, irrigation, patios, etc.)
3. Area improvements (area retaining walls, area drainage, hillside swales, cut slopes, fill slopes, landscaping and irrigation, etc.); and
4. Underground, geotechnical improvements (compacted fill and cut soils supporting the building pad, subterranean drainage, subterranean supporting structures, etc.)

Above Ground Structures

1. Single family detached home
2. Single family detached home in a planned development (frequently subjected to Conditions, Covenants & Restrictions ("CC&Rs"). Homes in a planned development often give rise to two types of construction defect claims--one by individual homeowners or groups of homeowners against the developer for problems with their homes and property, and another by the homeowners association against the developer for defects to common areas
3. Single family custom home or “semi-custom” home
4. Condominium homes (“stacked” living units)
5. Townhome condominium homes (typically side to side living units)
6. Conversions--condominium homes that have been converted from apartment buildings or from other types of buildings. In condominium structures, typically, but not always, construction defect action is pursued by the homeowners association
7. Apartment buildings
8. Commercial buildings, including commercial condominiums

Adjacent Improvements

1. Patios
2. Walkways
3. Driveways
4. Drainage
5. Irrigation
6. Landscaping
7. Perimeter fences and walls
8. Retaining walls
9. Garages

Area Improvements

1. Adjacent drainage facilities (swales, debris basins, etc.)
2. Adjacent landscaping
3. Retaining walls
4. Adjacent hillsides (cut, fill, and natural hills)
5. Neighboring properties draining onto the subject property

Underground Improvements

1. Cut and fill soils that comprise a structure's building pad
2. Cut and fill soils surrounding a building pad
3. Expansive soils beneath and around a building pad
4. Underground drainage facilities
5. Underground support facilities--caissons, grade beams, retaining walls, etc.

The information on this web site is not legal advice, and the information is not intended to create, and its receipt does not create, an attorney-client relationship. Legal advice can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular matter, as well as the relevant law applicable to the particular matter. The above information is merely intended to provide readers with a basic informational overview.