800.838.2090
BERDING|WEIL lawyers are highly experienced construction, community association, and transactional real estate attorneys. We bring a thorough understanding of our clients' issues and creative solutions for their legal needs.
As one of the largest and most experienced construction defect litigation departments in the nation, Berding & Weil has recovered over $1.1 billion for our clients. Representative Cases and Recoveries
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Earlier this year, the California Supreme Court in McMillin Albany LLC v. Superior Court addressed whether a homeowner must follow pre-litigation dispute resolution procedures when it sues a builder for “common law” construction defect claims such as negligence and strict liability.
Most governing documents require membership approval before pursuing a construction defects claim ("CD"). Obtaining approval is sometimes inconvenient, risky, complicated and is based on technical provisions of each association's Bylaws, CC&Rs, election rules and the Davis-Stirling Common Interest Development Act ("DSA"). Nevertheless, the failure to obtain that approval can be fatal to an Association's right to bring a claim.
(925) 838-2090
(925) 820-5592 (415) 315-1638 (415) 433-5994
