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Construction Defect Claims and Litigation

Berding|Weil is one of the largest and most experienced construction defect and litigation law firms in the nation. We provide high quality, client-focused legal services with a commitment to excellence. No construction claim is too big or too technical for our litigators.

Our attorneys have encountered nearly every construction problem that exists. We maintain long-term relationships with most of the prominent construction experts in our field. Our lawyers have years of experience successfully prosecuting complex construction defect cases against builders and others involving buildings of all types.

We have brought hundreds of cases to a successful conclusion through mediation. Not all cases settle helped by a mediator, however, and our firm is one of the few that have tried multiple construction defect cases all the way to verdict.

Building Defects and Design Failures

Our cases include actions for building defects resulting from negligent construction or design practices relating to soils and foundations, structures, weatherproofing including siding, flashing and windows, defective mechanical or electrical systems, plumbing failures, building code violations, defective materials, and negligent inspection. The failure of these building components can result in water damage, dry rot, mold, foundation cracking, building subsidence and landslides. An experienced condominium association attorney who has handled numerous construction claims will advise your HOA and provide your association with a thorough explanation of all available options, including mediation and litigation.

Defective Building Materials and Product Liability

We have represented hundreds of clients in construction defect claims involving defective building materials. A few of the products include Masonite and other brands of hardboard siding, roofing materials including two-ply systems and concrete roof tiles, and other products which have been found to be defective and to create construction deficiencies in all types of buildings.

Soil and Landslide Claims

We have focused on claims involving damage to property due to earth movement, faulty drainage and improper grading for nearly 40 years. We represent community associations and individual owners of properties impacted by landslides, mudslides, failed compaction, flooding and building subsidence due to improper foundations or soil preparation. Our earth movement claim experience has involved oceanfront properties damaged by erosion, bayshore projects impacted by flooding, building settlement claims from improper construction on bay mud, and hillside properties damaged by improper grading or faulty drainage. Damages include out-of-level buildings, cracked foundations and walls, failed retaining walls, and loss of streets and walkways.

Contract and Real Property Disputes

Our litigation team has decades of experience in all types of business disputes, commercial landlord-tenant issues, remedies under deeds of trust and other security agreements, breach of contract, securities fraud, legal malpractice, employment disputes, broker liability, unfair business practices, trade name and trademark disputes and various collection actions. Our litigators have appeared and argued in Federal, Bankruptcy, Superior and Municipal Courts and the California Court of Appeals. Their dispute resolution experience includes court trials, arbitrations, mediations and negotiated settlements.

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