Understanding Claims That Are Frequently Alleged in Construction Defect Litigation

When a homeowners association suffers damages that it believes are a result of deficiencies in the design and/or construction of its property, or separate interests of its members that the association is responsible for maintaining, it may be necessary for the association to file a law suit against the developer of the property and other parties that were involved in the construction of the development. The claims alleged by a homeowners association in a construction defect lawsuit are typically alleged in multiple “causes of action” that require different factual and/or legal elements to establish a right to recover damages based on those claims. The claims that are commonly alleged in construction defect cases include:

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