Bergman Dacey Goldsmith


What are some defenses against construction defect claims?

Construction contractors operating in California work hard to build a reputation for quality workmanship at fair rates. When allegations arise that a contractor's work is substandard or defective, it can destroy this hard-won reputation. Even a single successful construction defect claim is enough to cause a dramatic decline in a contractor's clientele, leading to financial hardships and other consequences.

Defending yourself against defect claims is paramount to your continued success. In these cases, it is wise to seek legal assistance from an attorney experienced in construction law and defects claims. Working with legal counsel allows you to understand the defenses at your disposal. Below, you will find examples of effective ways you may be able to prove that you are not liable.

  • The claim did not arise because of your workmanship.
  • Your construction contract does not cover the problem at issue.
  • The property owner caused the defect by their actions.
  • No defect has occurred.
  • The defect occurred because of the structure's design elements

Sometimes, a defect may exist but only because of another party's actions. For example, a subcontractor may have used defective or improper materials that caused the problem. If you are the main contractor, you may still face a legal claim. However, a legal team experienced in construction law and defects can help you develop a successful defense.

Your contracting business is important to you, so it makes sense to protect it against a claim. Instead of assuming that you cannot win, consider talking over your situation with an experienced attorney who is prepared to fight on your behalf.

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