CONSTRUCTION DEFECTS; MECHANICS' LIENS;
HOME REMODELS; SWIMMING POOL CONSTRUCTION;
UN-LICENSED CONTRACTORS; NON-DISCLOSURES IN REAL ESTATE SALES
The building of a house is an art, not a science. The architect prepares the plans, but then the house is built, step by step, by one construction trade doing their work on or over the work done by others. Typically, for example, the rough carpenters, or framers, frame the roof; and the roofers and sheet metal subs install the roof and roof flashing over the framing as already installed. Some adjustments, by virtually all trades, are required in the field.
When adjustments in the field are not properly done, when building plans are not followed, when the applicable building codes are violated, or when the soils subside or the construction fails, for whatever reason, then the builder, the architect, the engineers and the sub-trades involved may be liable for construction defects.
Home Remodels; Room Additions; Swimming Pools
California has a wide-spread problem with defective workmanship in the home remodel, room addition and swimming pool construction contexts. Un-licensed contractors, and contractors using unqualified and/or un-licensed subcontractors are virtually everywhere, and are taking on construction projects with unsuspecting homeowners every day.
New Law on Home Improvement Contracts
California has recently revised and toughened its laws with respect to home improvement construction contractors and the information they are required to provide and disclose. Any home improvement contract, or swimming pool construction contract, negotiated at the homeowner's premises must provide the contractor's license number, liability and workers' compensation insurance information, start and end dates, and a 3-day right of cancellation, among other things. It must also provide the homeowner with information concerning and how to avoid mechanics' liens.
Mechanics' Liens and Stop Notices
Mechanics' liens and stop notices are means of enforcing payment under construction contracts. They are subject to very specific procedures and time deadlines set by law. A mechanics' lien recorded without following the statutory requirements is invalid, and must be removed, voluntarily by the contractor, or by a petition brought by the homeowner in court.
Non-Disclosure in Real Estate Sales
Sometimes construction defects or problems are discovered by a buyer after escrow has closed on a real estate purchase transaction. Sellers and their real estate agents have an affirmative duty to disclose to potential buyers all defects and deficiencies, and all material facts, of which they are aware. Sometimes they do not do so. Sellers, their agents, inspectors and others may be liable to the buyer in non-disclosure litigation.
If you are a victim of construction defects, a mechanics' lien, a disreputable or un-licensed contractor, or if you have discovered non-disclosed defects, contact the California Real Estate Law offices of Virginia H. Gaburo & Associates to discuss your appropriate compensation and available remedies.
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