Construction projects, whether residential or commercial, usually involve multiple parties such as developers, contractors, subcontractors, architects, and engineers; which makes them complex undertakings. And when construction defects arise, it’s no surprise that the consequences include costly repair bills, reduced property value, and potentially unsafe conditions for owners or occupants. If you find yourself in such a situation, you will need experienced legal counsel to determine liability and seek necessary remedies.
At Strategy Law, our experienced litigation lawyers assist clients throughout San Jose and California with their construction defect cases.
What Constitutes a Construction Defect?
A construction defect can be defined as a deficiency in design, workmanship, or materials that could risk or compromise a building’s function, safety, or performance. These can include:
- Structural problems such as cracks in the foundation or walls
- Roofing or water intrusion issues
- Defective plumbing, electrical, or HVAC systems
- Inadequate materials with less durability than anticipated.
Who May Be Liable?
Construction defect liability often depends on the source of the problem:
- Contractors or subcontractors may be responsible for poor workmanship.
- Developers can be held accountable for overseeing and approving defective work.
- Architects and engineers may bear liability for design flaws or code violations.
- Suppliers or manufacturers may be responsible for defective materials.
An experienced litigation attorney can help identify the responsible parties and hold them accountable under California law.
Legal Remedies for Owners
Property owners have several legal options available, when dealing with construction defects:
- Negotiation and Settlement – Most disputes can be addressed through early resolution, whether that is negotiation by your attorney or attending mediation.
- Litigation – If the above approaches fail, a lawsuit is the last resort to try to recover property losses or impairment of your property (such as for the cost of the repairs, loss of use of the property, or decline in fair market value for the property).
- Insurance Claims – Some construction defects fall within the scope of a warranty policy, obligating remediation under the terms of a contractor’s or homeowner’s insurance policy.
Why Legal Guidance Matters
Construction defect cases often involve significant financial exposure, complicated contracts, and complex evidentiary issues and expert testimony. Retaining experienced litigation counsel is critical to protecting your rights, building a well-supported claim, and pursuing the most effective strategy for recovery.
Partner with Strategy Law
At Strategy Law, we represent property owners, businesses, and developers involved in construction defects using practical and results-oriented advocacy. Based in San Jose, our legal team combines strong legal expertise with practical industry experience to deliver results for our clients.
Contact us today to schedule a consultation and let our attorneys help you protect your investment and resolve your construction dispute.
This blog is written as of September 2025. Recommendations and legal requirements are changing rapidly, so please continue to review our legal updates or review postings on relevant government websites.
All blogs on this site are for educational purposes only, do not constitute legal advice or opinion, and should not be applied to your situation, or any specific situation, without consultation with counsel. Strategy Law, LLP does not provide any legal advice concerning any matter discussed in a blog except upon formal engagement including, without limitation, execution of Strategy Law, LLP’s formal legal services agreement, and with respect to specific factual situations. No blog constitutes a guaranty, warranty, or prediction regarding the result of any legal matter discussed in the blog or any representation
