Construction Defect Litigation

Mr. Ward has represented owners in claims related to design and construction defects in single family homes, condominiums, apartments and commercial and high-rise buildings. He has successfully represented clients in all types matters resulting in multiple millions of dollars in settlements, verdicts and arbitration awards. Throughout California, construction defect litigation has become an unfortunate reality impacting owners of single family homes, condominiums and most recently, condominium conversions. Often individuals who have invested much of their life’s savings into owning a new home are disappointed to find that the construction is below par and that the builder refuses to repair serious defects. Litigation is the remedy a homeowner uses to force the builder to pay the cost of repairing the home.


However, under recent California laws, a homeowner can often force a builder to make repairs to their home at no cost and without litigation. Some of the more common, yet serious defects include:


  • Stucco Cracks
  • Window Leaks
  • Door Leaks
  • Tile Cracks
  • Leaking Showers & Baths
  • Plumbing Leaks
  • Stained Drywall
  • Mold
  • Roof Leaks
  • Damaged Cabinets
  • Cracked Foundation
  • Cracked Sidewalks
  • Rotting Fences
  • Improper yard drainage


We hire experienced experts to analyze any potential defects. Their reports help a jury understand which parties are responsible for the defects, as well as help homeowners obtain realistic repairs to the homes.   If you think you have observed construction defects in your home, condominium or office buildings, contact us at (858) 847-0505.


Settlement Reached Involving Construction Defects at Commercial Shopping Center


Mr. Ward represented the owners of a 170,000 sq ft. commercial shopping center in Riverside County.  Built in 2005, the center was facing potential construction defects related to slab leaks, roof leaks, window and door leaks.  A team of forensic construction experts established evidence of the problems over two years of litigation.  A significant settlement was reached after multiple mediations with over 15 parties, including acceptance of a policy limits demand by the general contractor’s insurance company, allowing the owners to repair and continue leasing their property.


$10 Million recover for clients in 2012


Mr. Ward was pleased to announce that in 2012 he recovered over $10 million for his clients. The firm successfully resolved a variety of construction defect cases involving custom homes, groups of single family homes and high rise condominiums.  


Homeowners Continue to Fight Inadequate Repairs by KB Home


Groups of homeowners in Oceanside, Menifee and Victorville, California are currently fighting for funds to repair defects in their residences built by KB Homes.  After retaining Attorney Ward to manage the communication, the homeowners allowed KB Home to attempt repairs under the California Builder Fix-It Law (Civil Code § 895, et seq.).  KB Home chose to make some minor repairs, rather than actually address all the issues pointed out by the homeowners. The homeowners are currently in litigation with KB Home in an attempt to recover damages for all the necessary repairs to their homes. Mr. Ward fights for homeowners throughout California, both in situations where a builder chooses to actually repair defects, or if it is necessary to go through litigation to reach those repair goals.


Indian Wells Homeowners with Cracked Foundations Reach Confidential Settlement with Builder


A group of homeowners in Indian Wells, California retained Mr. Ward when it became evident that the foundations of several of their homes were cracking and shifting.  Attorney Ward hired geotechnical forensic experts to diagnose the cause of the problems, both in the soil compaction and the method of concrete installation.  A cost to repair was established and after two years of litigation, a confidential settlement was reached. The firm continues to represent homeowners who face construction defects of all kinds throughout California.


Calexico Homeowners Recover Funds to Repair Defects


A group of homeowners in Calexico, California recovered settlement funds to repair a variety of construction defects including leaking roofs, leaking windows and cracked stucco.  The group of owners retained Mr. Ward to pursue litigation against the builder of their homes.  Attorney Ward hired a team of forensic construction experts to diagnose the defects and then were able to negotiate a settlement that allows the homeowners to fix these defects as they arise.  He is proud to represent homeowners throughout California and to help these owners fix defects that may appear.

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