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Construction Defect AttorneysConstruction Lawyers - Palm Springs
Michael T. Chulak & Associates represents homeowner associations and property owners throughout California, including the communities listed below, on a contingency basis in dealing with builders who are responsible for defective construction, including mold infestations. Generally, we can meet or beat the contingent fee percentages proposed by our competitors. We regularly advance all or some of the costs of litigation including expert fees.
Associations and property owners should know their legal rights and not be misled or intimidated when attempting to seek redress for construction defects. The attorneys with Michael T. Chulak & Associates are available to assist you in this regard. We are homeowner / consumer advocates. There will be no charge for the initial consultation. Many homeowner associations and homeowners in California new home developments as well as condominum conversions are finding that the common areas of their communities and their individual homes have construction defects which are not attributable to the lack of ordinary maintenance. These construction defects include roof leaks, deck leaks, mold infestations, deteriorating streets, improper drainage, structural failure, inadequate soil preparation, faulty electrical wiring, insufficient insulation and sound proofing, inadequate equipment, cracked slabs, defective swimming pools, peeling paint, Chinese Drywall and other defects too numerous to list. The construction defects can be caused by poor design, poor construction, poor choice of materials or defective materials. See Common Construction Defects, Construction Defect Due Diligence Checklist, Construction Defect Glossary, and Common Construction Abbreviations.
Nearly all CC&Rs impose upon homeowner associations the duty to maintain and repair the common areas. Legally, this duty
includes paying for the correction of defective conditions, including those set forth above. These repairs, which can be quite
expensive, can be paid for in several ways:
First, the association can pay for the cost of repairs out of its reserves. However, in most cases the reserves are
insufficient.
Second, the amount required to pay the cost of repairs can be obtained by specially assessing the individual homeowners or
borrowing funds.
Third, the association may seek redress from the builder who in many cases is legally responsible for the cost of repairs. In those rare situations where a developer has no insurance, we are prepared to pierce the
corporate veil.
For additional information about construction law, construction defects, homeowner association law or any other legal matter visit the following websites or call us today: HOA Questions and Answers HOA Legal Seminars EarthquakeDamage.net Attorney - Client Privilege Mold Warning ![]()
Owner Claims Against HOA The most common claim made by the owners of condominium units against their homeowner associations is that their unit is experiencing water intrusion because the association has failed to maintain the common area. Generally, this involves leaking roofs, decks, planters, walls, and windows, and often improper slopes and drainage. When a condominium unit owner makes a claim against the association, it is generally because the statue of limitations has run and therefore a claim cannot be made against the developer of the condominium community.
If you are a member of an association board, don't let this happen to your association. A competent management company combined with good legal advice can save your association thousands of dollars.
Subcontractor Defense - Construction Defects While our firm primarily represents plaintiffs in construction defect claims, we also represent subcontractors who have been sued by developers, in construction defect cases, and must defend themselves. If you are a defendant - subcontractor in such a case, even if you are uninsured, call us for a no-cost initial consultation. Let us put our years of construction defect litigation experience to work for you.
Expert Witnesses and Consultants Needed
In connection with our extensive litigation practice, Michael T. Chulak &
Associates regularly utilizes the services of expert witnesses and consultants.
If you believe you have the knowledge, experience and overall ability to provide
these services, we invite you to complete an
application and return it with your
current resume. Upon receipt, we will enter the information into our database
for use by our litigation attorneys and support staff. Please view our websites
to become familiar with our
areas of practice.
ALS Matching Funds Research and Patient Services Michael T. Chulak & Associates will match your tax deductible donations to ALS Association. ALS is also referred to as Lou Gehrig's disease. ALS Matching Funds Information.
Disclaimer The information presented on this site was prepared for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for consulting with a licensed attorney in your state. The law is constantly changing. In addition, the information presented may not be up - to - date or 100% complete. Our attorneys are licensed to practice law in California and seek to represent clients only in California. Sending us an email or other communication does not create an attorney - client relationship. Only signing a retainer agreement will establish an attorney - client relationship. This is an advertisement.
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