Norton & Associates Wins Verdicts For Multi-Million Dollar Construction Defect Cases

As new construction in Los Angeles continues apace and property values climb, construction defects continue to pose a significant problem and a real threat to property and investment value. Most construction defects arise during the building and construction process and are almost always hidden within the structure on completion. Some take years to appear. Movement can be a sign of structural issues. Leaks are a sign that the building envelope, the exterior sheath of the building that integrates the windows, doors, walls, stucco, roof, decks and water drainage, and even foundations and subterraneous, into a unified waterproof system, that creates a dry and controlled interior environment, is defective. Systemic leaks, leaks throughout the structure, are almost always the result of poor supervision from the top, at the general contractor level, and a failure to of the general contractor to oversee, manage and coordinate the various subcontractors who build separate elements of the building. This, in turn, is frequently the result of cost cutting by the developer or general contractor to maximize profits. High-end custom home construction, with its narrow profit margins, is particularly susceptible to this type of profit manipulation. High-quality custom finishes and materials are a superficial marketing image for custom homes and condominium sellers that are designed to conceal low bids, unqualified subcontractors, lack of supervision, poor workmanship, high turnover, leveraged financing and outright fraud.

The new owner is then faced with a potential loss in property value commensurate with the cost of repair, and the problem of selling or marketing the property with full disclosure of the defects. Restoring the lost value and marketability and recovering the costs of repair from the builder/developer requires the expertise of a construction defect attorney with experience representing owners and obtaining significant recovery from builders, developers and their subcontractors. One standout in the Los Angeles construction defect legal landscape is Timothy Norton of Norton & Associates, with over 33-years experience in construction defect litigation, and $190m in jury verdict awards, including $70m in punitive damages awarded. As a sole practitioner, Timothy Norton provides an unmatched level of personalized attention to each case, with direct contact with each client and a focus on the individual needs and details of each client, each case.

Builders, contractors and their insurance carriers will not simply roll over and cut a settlement check to anyone worth any value. They are extraordinarily tightfisted and slow. Getting them to pay anything substantial in settlement requires a coordinated plan of attack, starting with an evaluation of the damages, the expressed willingness and capability to win at trial, and the unwavering expression of the intent to do so, combined with a forceful, credible damages analysis and negotiating strategy that enables the optimal outcome, operating through a series of timed negotiating and mediation sessions that work in unison with the trial date and trial preparation schedule. Trial preparation is the basis for negotiation.

A case evaluation is the quintessential starting point, starting with an understanding of the facts, and the claim. Generally speaking, claims in California for hidden or latent construction defects have a 10-year limit. Certain exceptions aside, construction defect claims apply to new construction, construction completed within the last 10 years. However, once an owner becomes aware of defects or is on notice that problems exist, then other statutes of limitation may apply: 3 years for loss or damage to real property, or fraud, and 4 years for breach of contract, or for an obvious or patent defect.

An understanding of the defects is also essential. The damages define the claim and establish its contours. This evaluation requires a consultant/expert review and analysis of the structure and the plans. Simultaneously, one must evaluate the parties responsible, the targets of the claim. Each party, entity and affiliate must be evaluated and identified, including their assets, businesses, projects and insurance, along with the construction documents and plans, and the purchase and sale agreement. If along the way fraud is suspected, the inquiry will focus on the construction records, and email communications between the various persons directly involved in the construction process with prior knowledge of the issues and defects, and their concealment in the transaction.

Many of these construction defect cases do not start from scratch. Many have already been filed by another attorney and a new attorney is needed to step in and take over the case, often because the client is concerned about the lack of experience of their existing attorney, the client’ concerns about the direction of the case and decides to hire new counsel. Norton & Associates receives a significant number of case referrals on this basis, and can take on the representation no matter what stage the litigation is in. The best time to retain an experienced and proven construction defect attorney in Los Angeles is now.

Timothy Norton of Norton & Associates is a construction defect litigation attorney in Los Angeles, with 2 locations: Manhattan Beach, 1500 Rosecrans Ave., Suite 500, Manhattan Beach, CA 90266, and downtown Los Angeles, 355 S. Grand Ave., Ste 2450, Los Angeles, CA 90071. Telephone: 310.706.4134. Email: tl.norton@verizon.net. Web: www.constructiondefect.com

About Norton & Associates

Norton & Associates is your construction defect lawyer in Los Angeles. With 33 years experience
in construction defect litigation in Los Angeles, and $190m in jury verdict awards, Timothy
Norton of Norton & Associates has the experience and the track record of proven success to
handle your construction defect claim.