Practice Areas Learn about our firm and attorneys

Construction Defect Litigation

Click here for examples previous Construction Defect cases handled by Ward & Hagen.

Members of the firm have represented owners in claims related to design and construction defects in single family homes, condominiums, apartments and commercial and high-rise buildings. Our attorneys have 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. For more information on this, please see our FAQ for Homeowners and FAQ for Homeowners Associations.

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. Click below for sample reports.

 

If you think you have observed construction defects in your home or condominium, please fill out our Construction Defect Questionnaire, and someone from our office will contact you to discuss the matter.

Insurance Disputes

Click here for examples of previous Insurance matters handled by Ward & Hagen.

Ward & Hagen has represented individuals, corporations, and governmental entities against insurance companies in a variety of different bad faith cases. We have been successful in obtaining policy benefits for insureds and in obtaining additional consequential damages for insurance “bad-faith” conduct. Members of the firm have also represented insurance companies, insurance agents and brokers. Because of this, our attorneys are familiar with common insurance company litigation practices and tactics, and can respond accordingly.

Our attorneys have litigated insurance policy disputes and insurance bad faith cases involving:

  • Builder’s risk policies
  • Business and income loss policies
  • Comprehensive general liability
  • Property damage
  • Fire loss
  • Water loss
  • Surplus lines policies
  • Many other areas

Some of the more significant cases handled by our firm in recent years involved fire losses at hotels and subsequent bad faith denial, or inadequate payment of insurance proceeds to the insured. Our attorneys have successfully fought through Motions for Summary Judgment, Arbitration, Appraisals, and Jury Trials to win huge verdicts for our clients. If you are facing litigation with your insurance company and would like a free consultation, please contact our office or fill out this form, and we will be happy to meet with you.

Corporate and Commercial Litigation

Click here for examples of previous Corporate and Commercial Disputes handled by Ward & Hagen.

Whether defending against a lawsuit or asserting a claim for damages, the attorneys at Ward & Hagen strive for a cost-effective, timely resolution in line with their clients goals.
Our attorneys can respond promptly to business disputes and provide the personal attention to work through strategies and options. The attorneys take the extra steps needed to put clients in the best position entering negotiations, mediation or a trial. We use technology to our advantage, analyzing information and data to help your case move forward at a quick and efficient pace.

Our firm represents small businesses and corporations across many industries. We initiate action or defend clients in any business litigation, from routine contract disputes to complex commercial litigation:

Breach of contract: A purchase or sale of a business gone awry; contract disputes with suppliers, vendors or customers

Tort claims:

  • Allegations of fraud, non-disclosure, high-pressure sales tactics, or other unfair business practices
  • Shareholder and partner disputes
  • Construction contract litigation
  • Commercial lease disputes
  • Judicial remedies: Injunctions, specific performance, and enforcement of judgments
  • Broker Liability
  • Partnerships
  • Business Fraud

Real Estate Development and Sales

Click here for examples of previous Real Estate matters handled by Ward & Hagen.

Ward & Hagen represents commercial developers in hotel projects throughout California, Arizona & Texas. Our firm provides an interface between the clients business goals and the legal processes necessary to protect its interests and intelligently manage risk. Our members bring over 20 years of experience representing real estate developers, owners and investors in a variety of complex transactional issues from site selection and acquisition, through the due-diligence and entitlement process up to and including construction build out.

Legal services provided to clients include the drafting of documentation for real property purchases, sales and escrows; review of title, easement and boundary issues; and developing risk management strategies through the use of special purpose entities, appropriate insurance and contractual indemnity agreements. Although Ward & Hagen’s primary purpose is to put deals together and avoid problems, we also have extensive litigation and trial experience and can handle disputes if the need should arise.

In addition, Ward & Hagen represents both buyers and sellers in non-disclosure lawsuits including disputes with agents or brokers. Real estate professionals have a high duty to act ethically in dealings with buyers and sellers. We bring lawsuits against unscrupulous seller agents or brokers for non-disclosure, breach of fiduciary duty, high-pressure sales tactics or outright misrepresentation. We have also successfully defended homeowners who were wrongfully sued for non-disclosure.

Consumer and Class Action Representation

Click here for examples of Consumer and Class Action cases handled by Ward & Hagen.

Ward & Hagen represents consumers in a variety of individual and class action situations. Whether it is via a product defect, financial fraud, or general unfair business practices by a contractor or seller of property, our attorneys will fight for justice and compensation for all kinds of consumers.

Intellectual Property – Trademark/Copyright Litigation

Ward & Hagen provides effective representation protecting intellectual property rights in both copyright and trademark claims. We represent parties who are prosecuting an infringement on a property they own, or defending against a claim brought against them. In brief, trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the “infringer”, uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration.

Copyright infringement is the unauthorized use of works under copyright, infringing the copyright holder’s “exclusive rights”, such as the right to reproduce, distribute, display or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works. It often refers to copying “intellectual property” without written permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work’s creator.

If you feel your intellectual property has been infringed upon, please contact our office for a free consultation.