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
Not sure if your timelines have passed? Contact us we can tell you!
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.