We will take the following primary steps for your association.
1. We will have your association’s components thoroughly inspected by an independent forensic construction consultant.
The builder of the development may also perform an inspection.
2. We will deliver a formal claim on your association’s behalf to the builder in order to stop the statutes of limitations from expiring.
The statutes of limitations must be stopped before they expire in order to preserve the Association’s right to successfully make a claim. In general, unless a claim is delivered before the statutes of limitations expire, a court will dismiss the claim, no matter how severe the construction defects. The primary statute of limitations for a particular component is ten years after (a) the builder recorded a “notice of completion” with the county recorder or (b) a majority of your association’s board of directors was initially non-builder board members, whichever is later.
3. We will obtain the builder’s insurance coverage and construction documents.
4. We will present to the builder an inspection report that lists and describes the construction defects and includes a repair cost estimate.
5. We will obtain a written response from the builder, which may include an offer to pay the repair costs or to make repairs.
6. We will hold a meeting among the parties’ forensic construction consultants in order to attempt to reach agreement on the extent, scope, repair method, and repair cost of the construction defects.
7. We will hold mediation sessions among the parties to reach agreement regarding the builder repairing, or paying a monetary settlement for repair of, the construction defects.
8. We will have the builder either repair the defects or pay the association the repair costs.
