After a dry early winter, California is
now being pummeled by storm after storm. Whether you own just your own
home or hundreds of homes, condos or commercial properties, heavy, continuous
rains can result in problems for your property. Those problems can range
from roof leaks and window leaks to more subtle water stains, slumping decks
and peeling stucco. Regardless, water intrusion, if not dealt with properly and
promptly, can lead to major property losses and even threaten your health (from
mold, mildew and related resulting conditions). With that in mind, here
are five of the biggest mistakes owners make when dealing with these issues:
1. Repairing without analysis. There is a right way and a wrong
way to protect and enforce your rights and remedies. For example, many owners
are too quick to repair the leak. They tend to underestimate the problem
or want to avoid a confrontation with the seller or the contractor who might be
liable for the problem. However, an innocent, well-intentioned attempt by
you to repair a problem could result in you destroying key evidence that could
prevent you from recovering money to which you might otherwise be
entitled.
2. Failing to consider all
potential defendants. All
too often, an owner hastily comes out of pocket to attempt a fix on their
own. Or, if an owner does start thinking about other potentially
responsible parties, it is not unusual for them to overlook one more potential
sources of recovery. They may think the broker who sold them the property
failed to disclose a problem, but fail to consider the seller, or the
contractor who built the property or performed a defective repair. The
more defendants you can legitimately include in your claim, the more likely you
will get the recovery you seek.
3. Failing to promptly address the
situation. It
is not uncommon for property owners to delay in dealing with water intrusion
issues. They might let the seller or contractor make repair attempt after
repair attempt or may even pay for those trial-and-error repairs on their
own. However, there are important deadlines, statutes of limitation and
perhaps contractual deadlines that may cut off your rights and remedies forever
if you wait too long.
4. Failing to consider all possible
insurance.
Insurance is complicated. Many property owners fail to determine all
potential insurance policies they have been paying premiums for over the years
that might now provide a source of payment for their water intrusion problems.
Or, they might not realize how critical it is to tender their claim in a
certain way to maximize the chances coverage will apply, instead of being
denied.
5. Failing to consult an attorney. Water intrusion issues can lead to
literally millions of dollars of damage, when you consider costs to analyze the
cause of the problem, determine the proper scope of repair, deal with mold
issues, and perform the repair itself. Perhaps the biggest mistake a
property owner can make when confronted with these serious problems is failing
to consult an experienced lawyer to guide them through the minefield of traps
for the unwary that water intrusion problems often present. In one water intrusion case, we not only recovered substantial money damages for our property owner client, but we also got the contractor defendant to reimburse our client for all his attorney's fees...in a one-day mediation!
If you have a problem with
water intrusion, contact us. You’ll get the special attention of me
and our dedicated staff. We’ll go the extra mile to see that you receive
the maximum compensation and full justice you deserve. Every one of our
clients is like family. We’ll keep you fully informed every step of the
way and make sure you are part of the process. We firmly believe that you
can’t do any better than having our firm represent you. Let us prove it
to you.
If you have a
dispute, transaction or any other real estate legal matter you’d like to
discuss, please mention this blog post when you contact us and you’ll receive a
free 15-minute initial consultation (a $125 value). Call 800-553-7626 or
e-mail jeff@lermanlaw.com or philipdiamond@comcast.net.
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