Construction suit threats throw gloom on boom.CALIFORNIA'S new home market is driving the economy, creating millions of jobs and billions of dollars in tax revenue. But there is a lurking See lurk. (messaging, jargon) lurking - The activity of one of the "silent majority" in a electronic forum such as Usenet; posting occasionally or not at all but reading the group's postings regularly. villain VILLAIN., An epithet used to cast contempt and contumely on the person to whom it is applied. 2. To call a man a villain in a letter written to a third person, will entitle him to an action without proof of special damages. 1 Bos. & Pull. 331. that threatens homeowners, homebuyers, contractors and builders alike: the construction defect lawsuit. Even as the quality of new housing continues to improve, California has seen an increasing number of construction defect lawsuits against contractors and homebuilders. These suits, filed under the guise Guise (gēz, gwēz), influential ducal family of France. The First Duke of Guise The family was founded as a cadet branch of the ruling house of Lorraine by Claude de Lorraine, 1st duc de Guise, 1496–1550, who received of "consumer protection" (even when defects may not exist) have gotten so out of control that California has earned the dubious distinction of being home to less than 10 percent of new houses but the majority of all construction defect lawsuits. The impact of these lawsuits on homeowners is substantial. Settlement payments rarely cover the cost of needed repairs, much less the time and stress of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . In the end, they are stuck with a long list of "defects" that they are required by law to disclose to potential buyers and to their homeowner's insurance company. Lawyers rarely tell homeowners that these lawsuits leave their homes "marked"--meaning they will be severely devalued de·val·ue also de·val·u·ate v. de·val·ued also de·valu·at·ed, de·val·u·ing also de·val·u·at·ing, de·val·ues also de·val·u·ates v.tr. 1. To lessen or cancel the value of. . Not surprisingly, a handful of plaintiffs' lawyers have crafted aggressive marketing strategies and scare tactics For the political strategy, see Tactical politics Scare Tactics is a reality show on the Sci-Fi Channel which began airing April 2003. It last aired on January 1, 2006. It is produced by Hallock & Healey Entertainment. In Canada, it is broadcast on Razer. to woo homeowners into joining their suits. They use the lure lure the skin-covered object which runs on a monorail on a Greyhound racing track and which the dogs are schooled to chase. The lure must be kept 30 to 40 ft ahead of the leading dog so that the field is stretched out. of big settlement dollars and the false threat that homeowners will have no other recourse than a lawsuit. In fact, most construction defect lawsuits are filed before the homeowner has contacted the builder about repairs. But homeowners are not the only victims of these lawsuits. Construction defect litigation has driven contractors' insurance premiums to unacceptable levels; a policy costing over $1 million for $1 million of coverage is not uncommon. At the end of a lawsuit, homeowners are stuck with the responsibility of fixing a long list of alleged defects, but rarely receive enough money to make the repairs. Instead, insurance rates are being driven up by the costly process of litigation. Just as people with real construction defects deserve to have problems fixed in a timely manner, building professionals deserve the opportunity to repair any defects before a lawsuit lands in their lap. When problems are fixed before litigation, everyone wins. Kevin D. Bland is president of the Consumer Housing Alliance. |
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