CONSTRUCTION DEFECT LITIGATION
 
Experienced Construction Defect Attorneys. Berding|Weil is a law firm, specialized in building and construction defect litigation, with one of the most experienced litigation departments in California. Fundamental knowledge of building construction, literally from the ground up, is what gives us a solid base for our construction defect law practice group. We help resolve construction defect disputes with developers, contractors, architects and engineers before, during and after construction.
Our litigators try cases. While we are adept at negotiating disputes to satisfactory conclusions either directly or through experienced mediators, we also are well prepared to try cases as necessary. We also represent clients before administrative agencies, arbitration panels as well as litigate in Federal and State courts. Among our 16 construction defect litigation attorneys are some of the most experienced trial lawyers in California. The firm brings three decades of experience in resolving construction disputes, whether in negotiation, formal litigation, or alternate dispute resolution. The firm's reputation is founded upon skill, experience, and a results-oriented approach. Size, resources and experience are important. Cases do settle without trial, but your opponent knows if you have the depth and experience to take a case all the way when necessary, and the best settlements are based on the realization that we can be formidable trial opponents.
Complex Litigation Professionals. Our construction defect lawyers and analyst/investigators efficiently prepare cases for resolution. They review all of the appropriate legal theories and apply those that will bring the best result considering the liability of the various defendants. Our litigation teams are equipped to practice in all facets of complex construction litigation, contract disputes, delay claims, building products liability and negligence claims, as well as insurance coverage issues. The firm's construction litigation teams coordinate all phases of a claim from determining the best venue, selecting experts, investigating facts, to trial preparation and trial. We are proud to be among the few firms in California to have actually tried complex construction defect cases to verdict.
Failed Construction and Design. Our cases include actions for construction defects resulting from negligent building or design practices relating to: soils and foundations; structures; weatherproofing, including roofs, siding, flashing and windows: defective mechanical or electrical systems; plumbing failures; building code violations; defective materials; and negligent inspection.
Landslides and Soil Subsidence. Berding|Weil has focused on claims involving damage to property due to earth movement, faulty drainage and improper grading for 35 years. We represent community associations and individual owners of properties impacted by landslides, mudslides, failed compaction, flooding and building subsidence due to improper foundations or soil preparation. Our earth movement claim experience has involved ocean front properties damaged by erosion; bayshore projects impacted by flooding; building settlement claims from improper construction on bay mud; and hillside properties damaged by improper grading or faulty drainage. Damages include out of level buildings; cracked foundations and walls; failed retaining walls; and loss of streets and walkways.
Defective Building Materials. We have represented hundreds of clients in construction defect claims involving defective building materials. A few of the products include Masonite and other brands of hardboard siding; roofing materials including two-ply systems and concrete roof tiles; and other products which have been found to be defective and create construction deficiencies in all types of buildings. We also are experienced in analyzing community association budgets and seller disclosures, and bringing claims against developers of new housing and converters of apartment buildings, for deficiencies in operating and reserve budgets.
Large Construction Projects. Our clients are community associations and owners of large commercial and residential buildings, as well as groups of owners of homes in single-family tracts. We counsel boards of directors, investors, and owners on maintenance and repair funding; building construction and repair contracts; construction loans; as well as representing them in any litigation that arises from the defective design or construction of their projects.
 
CONSTRUCTION DEFECT ARTICLES
 
Article
Author
A Wakeup Call - Failed Balcony Railing Causes near Fatal Injuries Tyler Berding
Are They Building Condos Better? Tyler Berding
CAL-OSHA Requirements for Permanent Scaffolding
Caring for Community Associations with a Maintenance Trust Tyler Berding
CC&R Provisions Mandating Binding Arbitration of Construction Defect Claims Ruled Unenforceable James O. Devereaux
Did You Already Blow the Statute of Limitations?   PDF download Tyler Berding
Disaster! - No reserves. No Insurance. What's Left if a Natural Disaster Destroys a Community Association? Tyler Berding and
Steven Weil
Get the Facts Out Now! - Early preparation of a construction defect claim can produce quicker results Lucas Olona
Good Legal Advice or Confidence Game? You Decide. Tyler Berding and
Sandra Bonato
Helping Lambs Slay Lions: California Courts Refuse to Enforce Binding-Arbitration Clauses in Developer-Drafted CC&Rs.  
Homeowners Associations have a Right to a Jury Trial in Disputes with their Developers  
Landslides: Nuisance or Construction Defect? Tyler Berding
Maintenance Manuals for New Associations: How Much Maintenance is enough? Tyler Berding and
Steven Weil
Surety Bonds Daniel Rottinghaus
The Affordable Housing Myth Tyler Berding
The Berding|Weil Approach to Managing Defects in Buildings: Why litigation may not always be your first choice  
The Mediator's View: An Interview with Jonathan Margolis Tyler Berding
The Role of Experts in Evaluating Building Performance Issues Tyler Berding
What You Don't Know - When do Statutes of Limitation begin to run on Construction Claims? Tyler Berding
When Your CC&Rs Hate You - Or, How Developer Protections in Governing Documents Work to Block Association Defect Claims Matt Malone
Why "As Is" Really Isn't How It Is:... - The Legal Effect Of "As-Is" Clauses in the Context of Homeowners Association Defect Claims Matt Malone
Why We Try Cases - An Interview with the Trial Attorneys at Berding|Weil Tyler Berding

 
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