Construction Litigation

Download PDF

Construction Litigation


Before opening his own practice, David M. Daftary spent several years handling cases in San Diego, Orange and Riverside Counties involving defects in residential construction that were made by developers, contractors and/or subcontractors. Today, The Law Office of David M. Daftary represents homeowners whose residences have sustained damage due to faulty construction. Additionally, the firm has experience handling disputes involving mechanics liens.

For most individuals, buying a home or a residential property is a careful process involving a great deal of money.  The new homeowner expects the design, construction and materials in the home or property to be top quality.  That is not always the case.  With the advent of new technologies and materials, and the accelerated construction delivery schedules of most projects, defects are occurring with more regularity.  These defects can lead to emotional stress, serious system failures or even life threatening injury.

Defects are categorized into these main areas:

Design Defects

These defects range from improper design, errors and omissions by design professionals, failure of the design to meet municipal codes to improperly specified materials or equipment.  These kinds of defects are usually associated with the architect, engineer or designer.

Construction Defects

Construction defects is the largest area where defects often occur.  These defects can include:

  • Defective Workmanship
  • Failure to comply with codes
  • Incorrect systems installation
  • Lack of on-site supervision
  • Non-compliance with construction drawings and specificationCompanies who may be responsible for these defects include the developer, the contractor/builder, any of the subcontractors, architects, engineers, project managers or owners. 

Materials Defects

Material defects are defects that relate back to the manufacturer.  Defects can be in any one of several areas including product design, quality, material selection, the manufacturing process itself or the application of the product.   Defects in installation of a product can overlap with construction defects because it may have been the right product, but the installation by the contractor or subcontractor was done incorrectly.


Mechanics Lien Litigation

A Mechanics Lien is a useful legal tool for contractors and subcontractors to ensure that they will be paid for their work and materials on a construction project.  Disputes may arise, however, that can make a case less than clear-cut.  There are strict requirements for the homeowner or the company paying for the work as well as clear rules for filing a lawsuit. The Law Office of David M. Daftary has extensive experience in helping to protect your rights if disputes should occur.  Resolving these disputes often means taking the time to investigate the facts.  Contact us today to obtain help with the complex issues that are a part of cases involving Mechanics Liens.


Contact us at 760.579.7610 for a free 30-minute confidential consultation.
Practice Areas: Construction Litigation • Personal Injury • Professional Negligence • Public Entity and Real Property Law