Free Construction Defects Seminars
Call to arrange a convenient time at your location.
Topics to be covered:
There will also be a question and answer session designed to answer legal and construction questions.
Michael T. Chulak & Associates represents homeowner associations and property owners throughout California 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.
Many homeowner associations and homeowners in California new home developments 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, peeling paint 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.
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.
For additional information about construction law, construction defects, mold claims, homeowner association law or any other legal matter visit the following websites or call us today:
Homeowner Association Questions and Answers
Free Legal Seminars
Non-Payment of Assessments by Developer
Construction Defect Laws
California Condominum Conversions
Loans to Homeowner Associations for
For various reasons, homeowner associations are sometimes short of the funds required to make 100% of all needed repairs after they settle their construction defect claim or obtain a judgment. When this happens, associations often prefer to obtain a loan to cover any shortfall rather than special assess the members. Our firm is unique in being in a position to guarantee the availability of funds should the need arise. The terms of such a loan and guarantee must be in writing. We would be pleased to discuss the details with you at any time.
After Your Construction Defect Case is Settled
When a construction defect case against a developer is settled or a judgment is obtained, the plaintiff’s involvement is not over. At the minimum, the following must be considered:
The construction defect attorneys with Michael T. Chulak & Associates can assist you with the decision process. One problem is enough.
Mitigation of Damages to People and/or Property
Mitigation of damages is often referred to as the doctrine of avoidable consequences. The doctrine requires that a plaintiff who is injured by a defendant take reasonable steps to minimize his damages. It applies after the defendant causes the harm but at a time when the plaintiff still has an opportunity to avoid at least some of the consequences.
Duty to Mitigate
The mitigation doctrine imposes a duty upon a plaintiff to use ordinary care and reasonable diligence to minimize damages and to avoid increasing the damages.
Application of the Mitigation Rule
The mitigation rule applies to injuries to a person or to property in an action for a breach of contract or tort such as negligence.
Plaintiffs may generally use their own discretion in dealing with their injuries. However, such reasonable discretion does not permit the plaintiff to stand by and watch his losses accumulate so as to seek greater damages from the defendant who caused the injury. Instead, courts impose a reasonableness standard upon the plaintiff. He must expend at least a minimal effort and/or expense to minimize losses if it is reasonable under the circumstances to do so. He is not required, however, to go to extraordinary lengths, spend sums beyond his means, do what is impracticable, give up important and valuable rights, or put himself in any danger in order to minimize damages.
The determination of whether the plaintiff’s attempt at minimizing damages was reasonable requires a court to consider the amount of time between the injury and the plaintiff’s mitigation efforts, the plaintiff’s awareness of the need to minimize losses, the opportunities for the plaintiff to mitigate damages, the cost of mitigating damages, and the plaintiff’s ability to pay.
The fact that a plaintiff has failed to minimize damages after attempting to do so does not prove that he did use reasonable means in his attempts.
Burden of Proof
A defendant has the burden of proving that the plaintiff failed to take reasonable steps to minimize his damages, that the damages could have been avoided, and that the avoidable damages can be measured with reasonable certainty.
Effect of the Mitigation Rule
If a plaintiff fails to reasonably attempt to mitigate his damages, any damages that are awarded to him may be reduced by the amount of damages that he could have avoided.
Recovery of Costs
A plaintiff who takes reasonable measures to minimize his damages may recover the reasonable costs that were expended in doing so, even if his mitigation attempts have failed or increased his losses.
Mitigation by Defendant
Just as plaintiffs are required to mitigate their damages, defendants can be held accountable by a court to reasonably mitigate the damages caused by the defendant.
Whether you are a plaintiff or defendant, we can assist you in formulating a Mitigation Plan designed to protect your legal interest. This part of a case should never be overlooked.
Call to arrange a convenient time at your location.
Los Angeles County:
Acton, Agoura, Agoura Hills, Agua Dulce, Alhambra, Altadena, Arcadia, Arleta, Artesia, Avalon, Azusa, Baldwin Hills, Baldwin Park, Bassett, Bell, Bell Canyon, Bell Gardens, Bellflower, Beverly Hills, Bouquet Canyon, Box Canyon, Burbank, Calabasas, Calabasas Hills, Canoga Park, Canyon Country, Carson, Castaic, Century City, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Cudahy, Crystalaire, Culver City, Del Sur, Diamond Bar, Downey, Duarte, East Los Angeles, East Rancho Dominguez, El Monte, El Segundo, Encino, Firestone Park, Flintridge, Gardena, Glassell, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawaiian Gardens, Hansen Dam, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park, Hollywood, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Crescenta- Montrose, La Habra Heights, La Mirada, La Puente, La Verne, La Canada, Lake Hughes, Lake Los Angeles, Lake View Terrace, Lakewood, Lancaster, Lawndale, Leimert Park, Lennox, Leona Valley, Lincoln Heights, Littlerock, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Mission Hills, Monrovia, Monte Nido, Montebello, Monterey Park, Mount Baldy, Mount Wilson, Newhall, North El Monte, North Hills, North Hollywood, Northridge, Norwalk, Pacoima, Palisades, Palmdale, Paramount, Pearblossom, Pico Rivera, Pomona, Quartz Hill, Rancho Dominguez, Rancho Palos Verdes, Rancho Park, Redondo Beach, Reseda, Ritter Ranch, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica, Saratoga Hills, Saugus, Sherman Oaks, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Stevenson Ranch, Studio City, Sun Valley, Sun Village, Tarzana, Temple City, Toluca Lake, Topanga, Torrance, Tujunga, Universal City, Val Verde, Valencia, Valley Village, Van Nuys, Venice, Vernon, Walnut, Walnut Park, West Covina, West Hills, West Hollywood, West Los Angeles, West Toluca Lake, Westchester, Whittier, Wilmington, Windsor Hills, Winnetka, Woodland Hills.
Camarillo, Channel Islands, Faria Beach, Fillmore, Moorpark, Newbury Park, Oak Park, Oak View, Ojai, Oxnard, Port Hueneme, Santa Paula, Saticoy, Somis, Simi Valley, Thousand Oaks, Ventura (San Buenaventura), Westlake Village.
Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Corona Island, Costa Mesa, Cypress, Dana Point, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forrest, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Orange, Placentia, Rossmoor, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Heights, Seal Beach, Stanton, Tustin, Tustin Foothills, Villa Park, Westminster, Yorba Linda.
San Bernardino County:
Adelanto, Apple Valley, Barstow, Big Bear, Big Bear City, Chino, Chino Hills, Colton, Crestline, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Lake Arrowhead, Landers, Loma Linda, Montclair, Morongo Valley, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley.
Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Coachella, Corona, Desert Hot Springs, East Blythe, East Hemet, El Cerrito, Glen Avon, Hemet, Highgrove, Home Gardens, Homeland, Idyllwild-Pine Cove, Indian Wells, Indio, La Quinta, Lake Elsinore, Lakeland Village, Lakeview, Mecca, Mira Loma, Moreno Valley, Murrieta, Murrieta Hot Springs, Norco, Nuevo, Palm Desert, Palm Springs, Pedley, Perris, Quail Valley, Rancho Mirage, Riverside, Rubidoux, San Jacinto, Sun City, Sunnyslope, Temecula, Thousand Palms, Valle Vista, Wildomar, Winchester, Woodcrest.
Santa Barbara County:
Ballard, Buellton, Carpinteria, Gaviota, Goleta, Guadalupe, Hollister Ranch, Hope Ranch, Isla Vista, Lompoc, Los Alamos, Los Olivos, Mission Canyon, Mission Hills, Montecito, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, Summerland, Toro Canyon.
Arvin, Bakersfield, Bear Valley Springs, Bodfish, Boron, Buttonwillow, Caliente, California City, China Lake Acres, Delano, Ford City, Frazier Park, Golden Hills, Kernville, Lake Isabella, Lamont, Lebec, Lost Hills, Maricopa, McFarland, Mojave, North Edwards, Oildale, Pine Mountain Club, Ridgecrest, Rosamond, Rosedale, Shafter, South Taft, Stallion Springs, Taft, Taft Heights, Tehachapi, Wasco, Weedpatch, Weldon, Wofford Heights.
San Diego County:
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, (Cardiff-by-Sea, Leucadia, Olivenhain), Escondido, Fairbanks, Ranch, Fallbrook, Imperial Beach, Julian, La Mesa, Lake San, lakeside, Lemon Grove, National City, Oceanside (San Luis Rey), Poway, Romona, Rancho San Diego, Rancho Santa Fe, San Diego, San Marcos, Santee, Solana Beach, Hidden Meadows, San Diego County Estates, Spring Valley, Vista.
San Luis Obispo County:
Arroyo Grande, Atascadero, Avila Beach, Baywood-Los Osos, Cambria, Cayucos, Grover Beach, Lake Nacimiento, Los Osos, Morro Bay, Nipomo, Oceano, Paso Robles, Pismo Beach, San Luis Obispo, San Miguel, San Simeon, Santa Margarita, Templeton.
Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County
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