A construction worker puts up framing for a house. Structural defects are one of the main reasons for construction defect claims in San Diego.

San Diego Construction Defect Lawyer

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Legally Reviewed By
Vincent J. Bartolotta, Jr.

A leaking roof, a cracking slab, moldy sheetrock, burst pipes – when your home is coming undone before your very eyes, it can seem like nature is fighting against you. 

Roofs leak. Ceilings tilt. The foundation fractures. Asphalt and concrete crack prematurely. Balconies sag. Patios flood. Fireplaces don’t draw. Floors buckle. Structural breakdowns increase in frequency and in seriousness. All this in brand-new houses and cleverly hidden from view, often until it is too late, for remediation in existing homes.

What is at the root of this mind-boggling, industry-wide failure? Our experiences suggest this is an on-going travesty that has occurred by poor planning by developers; a bottom-line mentality by general contractors; shabby construction by builders; inadequate quality control by everyone; failed structural and material “advances”; counterproductive and foolhardy zoning philosophies; sinister political activity; and in all too many cases, common criminal behavior.

When your property has been damaged by an “unnatural disaster” and defects in construction, Thorsnes Bartolotta McGuire has decades of experience showing how human negligence was at the root of the damage. 

We are pioneers in this field of law, handling cases involving landslides/floods, eminent domain, wildfires, and more cases involving homeowners, and we are proud to build strong cases for clients who have suffered preventable damage from construction defects. Reach out to our team today online or by calling (619) 236-9363 to learn more about how a construction defect attorney in San Diego helps homeowners like you stand up for your rights.

“The team at Thorsnes Bartolotta McGuire took the time to really get to know our family. Their compassion and commitment to justice made a big impact on us and on our outcome. I would highly recommend each and every one on their team.”

- Lynne Duncan | Client

The Local Picture: Construction Defect Claims in San Diego

Everywhere you look, new homes and communities are popping up in our ever-growing city of San Diego, from coastal developments to expanding neighborhoods inland. This growth is exciting, but sometimes, with rapid building comes rushed work or shortcuts.

You might have heard stories from neighbors or seen news reports about issues in newer communities around San Diego, whether it’s widespread water leaks or stucco problems. 

Unfortunately, we see this too often. Builders are under pressure to finish projects quickly, and sometimes, quality suffers. This can lead to serious problems that might not show up until months or even years after you move in.

Specifically, we’ve seen a notable number of construction defect litigation in San Diego, particularly involving condominiums. Condos are often a more affordable way for San Diegans to own a home, especially for first-time buyers who might find single-family houses out of reach. 

However, a recent report from UC Berkeley's Terner Center for Housing Innovation pointed out that a California law, passed in 2002, allows condo owners up to 10 years to sue developers for construction problems. San Diego built more condos in 2005 alone than the entire state of California built in 2023, but this expedited building may have led to builders taking shortcuts, resulting in severe defects.

Even with these challenges, it’s clear that homeowners here in San Diego still face significant issues. We’ve seen firsthand how these problems affect families. 

For instance, a San Diego Homeowners Association recently won a nearly $3 million settlement against a developer because of serious defects in their 230-unit condominium complex. This kind of outcome shows that when homeowners come together and stand up for their rights, they can achieve real results.

These defects aren’t just cosmetic; they can affect the safety, value, and comfort of your home. That’s why it’s so important for San Diego homeowners to know what to look for and what steps they can take if they suspect a problem. 

If you're feeling worried or unsure, please know you’re not alone. Our team at Thorsnes Bartolotta McGuire has been helping San Diego families navigate challenging legal situations for over 47 years. Get in touch with our construction defect lawyers in San Diego today by filling out our quick online form or calling (619) 236-9363.

Common Problems Our San Diego Construction Defect Attorneys Handle

"Construction defect" simply means that your home wasn't built correctly or didn't follow the plans and building codes. Building a home is incredibly complex, with many moving parts, and defects can show up in many ways.

Here are some of the common types of construction defect claims in San Diego homes:

  • Structural Defects: These are problems with the very bones of your house, like a weak base for your body. This could include cracks in the foundation, issues with the framing that make your walls not quite straight, or floors that are uneven or sinking. 
  • Water Intrusion Defects: This is a big one, especially in coastal San Diego, where moisture can be a real issue. We often see leaky roofs, windows, and doors that let rain seep in, or improper waterproofing on balconies and decks. When water gets in, it can lead to ugly stains, rot, and even dangerous mold growth that affects your health and the structure of your home.
  • Exterior and Material Defects: This covers problems with the outer skin of your house. We see issues like stucco that cracks prematurely, defective siding that warps or breaks down, or poor drainage around your home where water pools up in your yard instead of flowing away. Sometimes, builders use cheaper materials that just don't hold up over time, leaving you with unexpected repair bills.
  • Mechanical and Electrical Defects: Imagine constantly dealing with leaky pipes behind your walls, an air conditioning unit that just can't keep you cool in the San Diego heat, or electrical outlets that don't work. These kinds of problems can be incredibly frustrating and even dangerous.
  • Design and Code Violations: Sometimes, the issue isn't just shoddy work, but that the home wasn't built according to the proper plans or local building codes. These violations stem from builders not following a blueprint or a blueprint having flaws that make the home unsafe or prone to problems down the road, like latent construction defects.

Your Path Forward: How Our Construction Defect Lawyers in San Diego Can Help

When you discover a construction defect, it can feel overwhelming, as you wonder how you’re possibly going to afford repairs or, worse, where you’re going to reside in the meantime. This is where a San Diego construction defect lawyer can step in.

Here’s why having a lawyer on your side is so important:

  • Leveling the Playing Field: Builders and their insurance companies have powerful legal teams. Trying to negotiate with them on your own can be tricky. We know their tactics and we know how to stand up for your rights.
  • Understanding Complex California Laws: California has specific laws, like the "Right to Repair Act" (also known as SB 800), that govern construction defects. These laws are designed to protect homeowners, but can be very confusing. We’ll help ensure you don’t miss any important deadlines.
  • Building a Strong Case: We help you properly document the defects with photos, videos, and professional reports. We work with trusted experts like engineers and inspectors who can identify the problems and explain why they occurred, building a strong, clear case for your claim.
  • Navigating the Process: There’s often a specific process for notifying the builder and allowing them to inspect the problems and offer repairs or a cash settlement. We guide you through this "pre-litigation" phase, making sure your rights are protected every step of the way.
  • Fighting for Fair Compensation: Our goal is to help you get the money you need to fix the defects properly, recover any losses in your home's value, and even cover costs like temporary housing if the repairs make your home unlivable for a time. We are skilled at negotiating with builders or their insurance companies, and if necessary, we're prepared to take your case to court.
Having legal help makes a huge difference. Studies, like one by Martindale Nolo, prove it: more than nine out of ten people who had legal representation received a settlement or award, compared to about half of those who tried to handle their claims alone.

Even more importantly for your home, those who hired a lawyer walked away with an average of $77,600 in compensation, compared to an average of $17,600 for those who represented themselves. This clearly shows that when it comes to getting the money you need to truly fix your home and recover your losses, having an experienced construction defect attorney in San Diego on your side can make all the difference. Your home is a major investment; protecting it properly means getting the right help.

Why Hire the San Diego Construction Defect Attorneys at Thorsnes Bartolotta McGuire

Your home in San Diego should be your safe haven, a source of comfort and joy, not a constant source of stress and worry. When hidden construction defects surface, it can truly derail your life, turning your dream home into a never-ending nightmare of repairs and uncertainty. You deserve better than a house that's falling apart or causing you health and safety concerns.

At Thorsnes Bartolotta McGuire, we understand the immense frustration and fear you might be feeling. For over 47 years, we’ve stood by San Diego homeowners, fighting tirelessly to make their lives better. We are one of the first San Diego contingency fee law firms to have recovered over $2 billion in settlements and verdicts for our clients, including: 

  • A $22.4 million jury verdict in a construction defect case involving a 419-unit condominium project with issues like roofs, drainage, and structural defects.
  • An $18 million settlement for a 234-unit condominium project damaged by improperly filled land and poor drainage. 

Don't let shoddy construction steal your peace of mind or deplete your savings. You invested in a home, and you deserve one that is built to last and provides the safety and comfort you expect. Let us help you put an end to the stress and restore your home to the sanctuary it was meant to be. Call our team now at (619) 236-9363 or fill out our online form to learn what we can do for you.

Proudly Representing San Diego Residents

FAQs

Construction Defect Litigation in San Diego FAQs

What Is the Construction Defect Statute Of Limitations in San Diego?
What Should I Do If I Think My San Diego Home Has A Construction Defect?
Who Is Responsible For Construction Defects?
What Kind of Compensation Can I Get in a Construction Defect Lawsuit?

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