Construction Defect claims, and related litigation, can apparently test the mettle of even the best in the field, with complexities so involved as to often require years of diligent work to reach complete settlement. Joseph Fenech, attorney shareholder with the law offices of Low, Ball & Lynch, provided an in-depth discussion on just how intense these types of claims can be at the January 20, 2011 luncheon meeting of the Central Coast Claims Association.

Fairly common knowledge is the ten-year statute property owners have to make claim on new construction defects. Mr. Fenech stated, however, that time frames can extend far beyond those parameters, and often do, which can mean greater costs to settle. Many times, he said, reaching a settlement can take two or three years beyond the time a claim is filed.
It’s an extremely complicated area of law, which became very clear as he delved into a wide array of conditions and situations that often arise with these claims.

Clearly he has been deeply immersed in his share of Construction Defect litigation, as he shared knowledge of intricacies gained only from direct experience. The information shared was of great value not only to the claims people in attendance, but to the many restoration-related service providers in the room, as well.

Also at this meeting, CCCA Past President Shelly Lefore shared several “thank you” letters received from the families adopted by the CCCA for the Holidays.