The sounds of water falling on the floor. Lights that flicker. Electrical outlets that don’t work. A foundation riddled with cracks. These symptoms are the stuff that nightmares are made of for the homeowner. And most contractors are not too fond of receiving phone calls informing them that their work is faulty either. If you think you are experiencing a serious defect in your home, obviously the first hope is that your contractor can rectify it immediately; after all, in California, both homeowners and contractors are protected by Senate Bill 800, which is also known as the ‘Right to Repair’ bill. This can be good for you if the contractor is quick to respond and does a thorough job of fixing the defect.

Even in the best of circumstances, sometimes issues can take time to repair; for instance, while leaks are generally very easy to see and hear, finding the source can be another matter altogether. Fixing a faulty electrical or plumbing system may not happen overnight, and there may be squabbles over whose fault the defect is—especially when numerous subcontractors and third parties are involved in the construction of a home. If you have had the issue examined and are considering pursuing litigation, first, according to the law, you must notify the contracting company and give them time to fix it.

Once the contractor realizes the severity of the situation, one would hope that they would return a proposal quickly, offering to fix the problem to the homeowner’s satisfaction, and within a suitable amount of time (usually not to exceed four months). There is one interesting clause in SB800 which states that the contractor must also supply the names of several other companies who could do the work just as well—offering an out for homeowners who no longer want to work with the original contracting company. If the repair is not sufficient, then the homeowner has every right to pursue litigation. Obviously, no one wants to have to deal with a home defect that is causing damage in the home, and having to take the contractor to court just makes the entire process more stressful. Sometimes that is the only way to find a resolution though, and to have the problems fixed. This can sometimes be a lengthy affair, and the pre-litigation procedures must be followed or the homeowner’s case may be diminished.

Are you concerned about a possible construction defect or impending litigation? Call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com. We can review your case, answer your questions, and help you decide how to move forward. We are here to help!