Who’s Liable for Poor Workmanship in a New Build?
Discovering defects in a new home can be intensely frustrating. You invested in a dream, only to uncover shoddy construction, faulty systems, or other significant problems. Moreover, seeking help from a proven litigator can protect your investment and hold the right parties accountable.
William B. Hanley, Attorney at Law, provides seasoned legal guidance for property owners facing these issues. With over 40 years of experience, Attorney Hanley is a prominent civil trial attorney known for his direct approach and impressive record of success. Serves clients in Southern California, he is dedicated to helping you establish liability for poor workmanship in new construction builds.
How to Identify Poor Workmanship
Poor workmanship in a new build can manifest in many ways, ranging from cosmetic flaws to serious structural issues. Some problems are obvious right away, while others may only become apparent months or even years after you move in. Recognizing these signs early is the first step toward finding a resolution. Some common examples of poor workmanship include:
Structural defects: This can involve a faulty foundation, improper framing, or weak support beams, all of which can compromise the safety and stability of the entire house. Cracks in walls or floors are often early warning signs.
Leaking roofs and windows: Improperly installed roofing materials, flashing, or windows can lead to water intrusion. This can cause significant damage to drywall, insulation, and even the structural components of your home, leading to mold growth.
Faulty electrical and plumbing systems: Incorrectly installed wiring can create fire hazards, while poor plumbing work can result in leaks, low water pressure, and sewer backups. These issues can be disruptive and expensive to fix.
HVAC problems: An improperly sized or installed heating, ventilation, and air conditioning system may not adequately heat or cool your home. It can also run inefficiently, leading to high utility bills and premature system failure.
Poor finishing work: This category includes sloppy paint jobs, ill-fitting cabinets, uneven flooring, and poorly installed trim. While often seen as cosmetic, these flaws can detract from your home's value and enjoyment.
If you notice poor workmanship in your new build, document every issue. Take clear photos and videos of the defects and keep a detailed log of when you discovered each problem and any communications you have had with the builder or contractors. This evidence will be valuable if you need to pursue a legal claim.
Determining Liability: Who is Responsible?
When you discover poor workmanship, one or several parties may be responsible. However, pinpointing liability depends on the specific contracts signed and the nature of the defect. The parties who could generally be held accountable include the following.
The General Contractor or Builder
In most cases, the general contractor or home builder is the primary party responsible for the overall quality of construction. They oversee the entire project, hire subcontractors, and are typically the name on your purchase agreement. Your contract with the builder should outline their obligations and any warranties they provide for their work. They are generally liable for the work performed by their own employees and the subcontractors they manage.
Subcontractors
The general contractor hires subcontractors to perform specific tasks, such as plumbing, electrical work, or roofing. If a defect is directly tied to the work of a particular subcontractor, they may be held liable. For example, if a leaky roof is caused by improper shingle installation, the roofing subcontractor could be at fault. However, homeowners usually file a claim against the general contractor, who then may seek compensation from the responsible subcontractor.
Architects and Engineers
The professionals who designed the home can also be held responsible for certain defects. If a structural failure is due to a flaw in the original plans or blueprints, the architect or engineer could be liable. This type of claim often requires demonstrating that the design professional failed to meet the accepted standards of their profession.
Understanding California's Right to Repair Act
California law provides specific protections for homeowners who discover construction defects. The Right to Repair Act, also known as SB 800, establishes clear quality standards for new residential construction and outlines a formal process for resolving disputes.
Under the Act, builders must meet specific "functionality standards." These standards cover nearly every aspect of a home, from the foundation to the roof. For example, the law states that windows should not leak, plumbing systems should not have failures, and soils should be adequately prepared to prevent structural movement. If a homeowner finds a defect that violates these standards, they must follow a specific pre-litigation process. This process includes:
Providing written notice: The homeowner must send a detailed written notice of the claim to the builder, describing the problems in "reasonable detail."
Builder's right to inspect: After receiving the notice, the builder has the right to inspect the property to observe the alleged defects.
Builder's right to repair: Following the inspection, the builder may offer to repair the defects, but the homeowner has the option to accept or reject this offer. If the offer is rejected, the builder can make a second offer.
This process is designed to allow builders to rectify their mistakes before a lawsuit is filed. However, if the builder fails to respond, refuses to make repairs, or performs unsatisfactory repairs, the homeowner can then proceed with litigation. The Right to Repair Act provides a framework for holding builders accountable while encouraging resolution outside of court.
The Importance of Legal Counsel
Dealing with construction defects and liability claims can be challenging. Builders and their insurance companies often have powerful legal teams ready to dispute claims. Having an experienced attorney on your side can level the playing field. A construction litigation attorney can help you:
Understand your rights under your contract and California law.
Gather the necessary evidence to build a strong case.
Communicate with the builder and their representatives on your behalf.
Navigate the formal dispute resolution process required by the Right to Repair Act.
Represent you in court if a fair settlement cannot be reached.
Protecting your most significant investment requires decisive action. An attorney can guide you through each step, helping you pursue the compensation necessary to make the necessary repairs and restore your home's value.
Business Litigation Attorney Serving Irvine and Newport Beach, California
As a respected attorney with over four decades of experience, Attorney Hanley is recognized as one of California's top civil trial litigators. He has received numerous prestigious awards, including the peer-voted Business Litigation Trial Lawyer of the Year.
Located in Newport Beach, California, William B. Hanely, Attorney at Law, is dedicated to serving communities across Irvine, Orange County, Los Angeles County, and San Diego County. Attorney Hanley takes a straightforward, no-nonsense approach, maintaining open and frequent communication with his clients. If your new build shows signs of poor workmanship, reach out to William B. Hanley, Attorney at Law, today to schedule a consultation.