News & Results Posts Tagged ‘Construction Defects’

Homeowners Continue to Fight Inadequate Repairs by KB Home

Saturday, May 12th, 2012

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 Ward & Hagen 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.   Ward & Hagen 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.

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Posted in Construction Defects, Real Estate |

Indian Wells Homeowners with Cracked Foundations Reach Confidential Settlement with Builder

Saturday, May 12th, 2012

A group of homeowners in Indian Wells, California retained Ward & Hagen when it became evident that the foundations of several of their homes were cracking and shifting.  Ward & Hagen 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.  Ward & Hagen continues to represent homeowners who face construction defects of all kinds throughout California.

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Posted in Construction Defects, Real Estate |

Calexico Homeowners Recover Funds to Repair Defects

Monday, December 12th, 2011

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 Ward & Hagen LLP to pursue litigation against the builder of their homes.  The attorneys at Ward & Hagen 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.  Ward & Hagen is proud to represent homeowners throughout California and to help these owners fix defects that may appear.

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Posted in Construction Defects |

Ward & Hagen Obtains Settlement for a Group of El Centro Homeowners

Tuesday, November 8th, 2011

After a two year battle, attorney Jeffrey Paape and his support staff at Ward & Hagen obtained a confidential settlement for a large group of homeowners in El Centro, California.  Numerous construction defects such as leaking windows and doors, plumbing problems, and cracked tiles in showers and baths plagued the homes.

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Posted in Construction Defects |

Successful Defense of Homeowners That Were Sued for Non-disclosure

Saturday, October 1st, 2011

Ward & Hagen’s clients were sued for non-disclosure of construction defects after the sale of their home.  Without admitting any liability and in the interests of settling the case, our client offered $22,500 to the Plaintiff.  The offer was refused and Ward & Hagen successfully moved the case from the courtroom to arbitration.  Before the arbitration could occur, Plaintiff’s counsel filed a succession of appeals.  After finishing the appeals, Ward & Hagen still won the arbitration, our client owed $0 to Plaintiffs, and we received an award of over $325,000 in attorney fees from the Plaintiff.

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Posted in Consumer and Class Action, Real Estate |

Ward & Hagen forces D.R. Horton to make $30,000 worth of repairs to a home by using the California SB800 “Fit It Law” and without filing any litigation

Saturday, October 1st, 2011

The owners of a high end tract home in Encinitas, CA retained Ward & Hagen when they found leaking doors throughout their home, which was built and sold by D.R. Horton.   Because the home was sold after January 1, 2003, the new California “Fix It Law” applied.  Instead of filing a lawsuit, a demand with a list of the problems was sent to D.R. Horton.  The builder inspected the defects, and offered a repair.  The homeowners were able to choose a contractor other than D.R. Horton’s people to do the actual work.  In the end, the leaking doors were reinstalled and the damaged finish materials were replaced at a cost of approximately $30,000 to D.R. Horton.

If you are a homeowner and are facing construction defects, please contact us for information on how you may be able to force the builder to pay for repairs to your home rather than filing a lawsuit.

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Posted in Construction Defects |

Ward & Hagen represents condominium owners and their associations against developers who refuse to fix construction defects.

Saturday, October 1st, 2011

Ward & Hagen consults with and is retained by Homeowners Associations of all sizes throughout Southern California. Our attorneys and staff have years of experience in managing complex litigation and insuring that it moves forward in the most efficient and effective way possible.

By way of example, the Homeowners Association of a new 14 story, 90 plus unit condominium tower in downtown San Diego has retained Ward & Hagen in their effort to fix defects throughout the building.  The building is facing potential water intrusion into their four story, below grade parking structure.  The windows in the building are also showing signs of leaking on all stories of the structure.  The cost to repair the building could be in the millions of dollars.  Ward & Hagen is fighting to insure that the HOA recovers funds sufficient to repair the defects and avoid costly assessments to the homeowners.

If you are a condominium owner and/or board member, and would like more information from our firm, please contact us.  We will be happy to set up a meeting and to evaluate your needs.

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Posted in Construction Defects |

Homeowners Association of a 250 unit complex reaches successful settlement

Monday, February 21st, 2011

Ward & Hagen represented the Homeowners Association of a 250 unit complex in an action against the builder for construction defects in the buildings.  The litigation lasted several years and required careful management of the investigation costs.  A successful settlement was reached and repairs to the buildings were begun.

 

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Posted in Construction Defects |

Single Family Home with Soils Problem

Friday, October 1st, 2010

Attorneys at Ward & Hagen represented a family in Encinitas whose newly constructed single-family home was showing significant damage from soils movement. The family attempted to have the builder assess and fix the problem, but only saw delays as the damage to their home became more apparent. The builder and subcontractors were responsible for the rough grading of the half acre lot and expert testing showed the soils around the home were moving and would continue to do so for an indefinite period of time. A global settlement was reached for over $837,000 representing cost of repairs for extensive work to re-level the slab and foundations and to stabilize the underlying soils as well as to compensate the homeowners for loss of use of the home during the period of repairs.

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Posted in Construction Defects, Consumer and Class Action |

Homeowner in 4S Ranch settles with defendants for over $500,000

Sunday, October 4th, 2009

Attorneys at Ward & Hagen represented the owners of an upscale tract home in the new 4S Ranch community of San Diego. The family discovered during the first rainstorm that many of the windows and doors leaked. In good faith, the family allowed the builder to test and repair the problems. Over the course of a year, the builder spent more than $500,000 on repair attempts but serious problems still remained unresolved. Litigation ensued and expert testing showed that a majority of the doors and windows still leaked, despite the money and time spent on repairs. The defendants agreed to a global settlement of $552,025.

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Posted in Construction Defects |

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