Who is Responsible for Construction Defects?

Builders and contractors face a number of unique challenges in California. Contractor and builder standards are primarily covered by the Right to Repair Act (Cal. Civil Code §§896-945.5) which establishes the standards that contractors and builders must meet or face liability. For certain types of defects, the code allows for “Strict Liability,” which generally lowers the standard of proof for plaintiffs. The code also introduces seven categories of issues that can arise:

• Water intrusion
• Structural
• Soil
• Fire protection
• Plumbing and Sewer
• Electrical Systems
• Other Areas

The final category, Other Areas, is a wildcard or catch-all that can include just about any type of issue a homeowner may have. Oftentimes the issue a homeowner is facing was caused by a product made or manufactured by a third party and used in construction. This can be an effective defense in some circumstances. If you are a builder or contractor facing a construction defect challenge, McFarlin LLP construction defect defense attorneys can represent your interests in a cost-effective manner to find you the best solution.

What is Contractor and Builder Negligence?

One common allegation against builders and contractors in construction cases is negligence. In order to prove negligence in California, a plaintiff must demonstrate that the contractor fell below an established “professional standard of care” for the industry or failed to comply with the building code in some way. In order to establish the actual standard of care in any particular case, expert testimony is typically required.

To recover on a negligence claim (that falls outside the strict liability standard described above), the plaintiff must be able to prove actual bodily injury or property damage. An issue that “bothers” the homeowner, but is not causing injury or property damage, does not meet the standard for negligence. Sometimes contractor negligence cases are straightforward, for example, where the wrong mix of concrete was used and the house is crumbling away, but most times it’s more of a judgment call for experts. Frequently, contractor negligence cases come down to “the battle of the experts” where there are credible experts on both sides. Unfortunately, these cases can be expensive to defend, and often settle.