5 Phases of a Construction Defect Claim

PHASE 1 - BOARD OF DIRECTOR DUE DILIGENCE PHASE - 1-3 MONTHS

  • Independent expert inspections to audit common area building component performance
  • Executive Session mettings with the board, experts and firm to discuss expert evaluations

PHASE 2 - OWNER OUTREACH PHASE - 1-3 MONTHS*

  • Surveys are mailed to owners for input on unit issues and common area damage
  • Private unit inspections with experts are held
  • Homeowner forums with independent experts and firm are held

PHASE 3 - BUILDER-EXPERT EXCHANGE PHASE - 1-3 MONTHS* (Optional)

  • Builder, board, experts and firm meetings to discuss issues under confidentiality and/or tolling agreements
  • Builder and experts inspections of common areas
  • Exchange of expert reports with Builder

PHASE 4 - FORMAL CLAIM PROCESS PHASE - 6-8 MONTHS

  • Send formal notice pursuant the HOA's dispute resolution provisions
  • SB 800 and/or Calderon Process Pre-Litigation Timeline begins

PHASE 5 - LITIGATION PHASE - 18-24 MONTHS

  • Filing of a formal complaint in Superior Court
  • Pre-Trial Order Timeline begins

*Phases 2 & 3 generally occur simultaneously where the board wishes to provide the builder with notice in advance of the required formal SB 800 or Calderon process.