Our construction defect lawyers at Maddox, Segerblom & Canepa represent property owners in disputes with builders, designers, general contractors, and developers when construction defects exist. If your home or business is affected by serious defects that the builder won’t, or can’t repair, you have the right to recover your losses by filing a claim or taking legal action.
Call Maddox, Segerblom & Canepa for a free evaluation. 775-322-3666.
We help homeowners plagued by new home construction defects in Nevada and Northern California resolve the legal issues that arise out of construction projects, such as a breach of contract or breach of warranty. We want to protect your residential property, real estate investments, and your dreams.
Real estate is one of the largest and most important investments most people make. When you purchase a new home or investment property, you depend on the home builder, his representatives, and the licensed contractors to deliver a product that meets the state and local building standards in Nevada or California, lives up to the promises made, and is safe and structurally sound. When significant defects exist, when the home builder doesn’t address your home defects, you may have remedies for a breach of contract, breach of warranty, negligent design, or other avenues of dispute resolution.
In Reno and Las Vegas, some home builders have a history of construction projects with home defects and construction litigation. Some of these construction defect claims are easily remedied. Others can be solved through dispute resolution. The larger home defects often involve multiple legal issues and require the knowledge and experience of a construction lawyer. In these cases, construction law and the contractual obligations govern the rights and obligations the builder owes the homeowner.
Under Nevada law, a builder (general contractor) is liable for the acts and omissions of its subcontractors. Often times liability comes down to both application of law and contract interpretation. While the law provides the builder with the opportunity to repair, if defects are not corrected, litigation and contractual interpretation is necessary. Our law firm has years of experience litigating construction defect cases and our attorneys are here to help.
It is critical that you hire a construction lawyer to represent your interests in construction defect litigation. Our lawyers have experience with construction litigation. We understand how construction contracts relate to the statutes and know how to apply the law to the facts of your construction project. While construction litigation is an option of last resort, where it is necessary, we are prepared to go forward.
Under Nevada law, you are entitled to have your home restored to the condition it should have been in when your builder completed construction and transferred ownership. To assert your right to repair, restore, or recover damages, specific guidelines must be followed.
Although some types of construction defects are apparent right away, others may not be so obvious. In fact, most defects don’t become apparent until three to five years after construction was completed. Some home defects, such as plumbing and soils defects, may not appear until years six through ten. Some of the more common types of construction defect cases our construction lawyers handle include:
People who purchased tract homes or condominiums have a responsibility to their neighbors when they discover new home construction defects. Since these types of homes, often referred to as cookie-cutter homes, are constructed similarly and typically share the same home builder, contractors, and developers, the same types of problems tend to plague multiple property owners. Therefore, it is important to take action when you discover a construction defect, and be sure to communicate with your neighbors, friends who own similar properties, and your homeowners’ association right away.
Our residential construction defect attorneys help draft the statute that governs construction defect law in Nevada and are involved every legislative session to help protect homeowners’ rights. As such, our knowledge of construction law, construction litigation, state rules and regulations is second to none. This gives our attorneys, and our clients, an edge when pursuing defective construction claims.
Common types of construction defects include problems with:
2) What types of damages can be recovered in a Nevada construction defect lawsuit?
Generally, property owners can recover the reasonable cost of any repairs, reasonable expert fees, loss of property value, loss of use of the property, the reasonable cost of temporary housing or relocation expenses, litigation costs, and the cost of damage to property resulting from the defect. In some cases, property owners may also recover reasonable attorney’s fees. If a victim suffers severe injuries due to a construction defect, he or she may be able to recover these costs through a personal injury claim.
3) Should property owners hire an expert if they suspect construction defects exist?
Hiring an independent expert to investigate is generally necessary to help prove the property owner’s case. An expert with the necessary training, education, and experience can identify construction defects, their causes, and provide valuable testimony in deposition and trial. An experienced construction defect attorney will be able to assist in hiring the correct experts.
4) What elements are needed to win a breach of contract claim?
To prevail in a breach of contract cause of action, several elements must be established. These include:
5) What rights does your HOA have against the builder/declarant?
An HOA may have claims against a builder/declarant for constructional defects and for any violations of NRS Chapter 116. This could include violations at the time of declarant turn-over. For example, the declarant must adequately fund the reserve account at the time of turn-over, turn over control of the common area; and turn over control of all accounts. If the declarant fails to meet its turn-over obligations, the HOA may have a legal claim against the declarant. In an instance where an HOA is dealing with constructional defects, the HOA may institute litigation against the builder if the defective conditions relate to common elements, any portions of the common-interest community that the HOA owns, or any portions that the HOA has a duty to maintain, repair, insure or replace.
