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Now in its third edition, Home and Condo Defects delivers education to homebuyers and owners, association board members, and community managers who believe there may be one or more construction defects in their home, condo, or common areas, or those who are involved in or contemplating a presenting construction defect claim to the developer. This book strives to simplify a complex legal area so that you, the reader, can gain knowledge and power.
Construction defect claims continue to rise as new projects come to the market. As the number of defect claims has grown, the law has become more complicated. Board members and community managers must turn to lawyers who have had to respond to this increased demand and expand their areas of expertise while still being able to explain to their clients, in layman’s terms, what happens throughout this process. The successful construction defect lawyer must be a skillful negotiator; have a working knowledge of many other technical fields involved in these claims (architecture, civil engineering, geology, structural engineering, construction techniques, and cost estimating); and an understanding of new ways of solving consumer problems without always having to make use of the court system. Mediation skills and knowledge about developer insurance issues are important.
It is impossible to analyze each law as it applies. Instead, siblings Rachel and Matt and their father Tom Miller have attempted to summarize the law so non-lawyer readers will have a general understanding of it. Please note that the purpose of this book is not to provide legal advice or direction. Its sole intention is to educate consumers by providing pertinent information about what to look for and how to work with your lawyer and the legal system in a construction defect claims process.
This guide simplifies a complex legal area to empower the reader who is involved in, or contemplating, a construction defect claim against a developer. It’s the best resource on the market—an all-in-one guide for owners, buyers, and board members.
If you believe you have a construction defect problem, you should contact a competent attorney before acting.
About the authorsThomas E. Miller, the founder and president of The Miller Law Firm, has been a distinguished construction defect attorney for over 45 years. During his first eight years of practice he represented developers and their insurance companies. Since 1981, Tom has exclusively represented homeowners and associations in construction defects claims. A nationally recognized expert and pioneer in his field, he has recovered over $1 billion for his association clients including 150 settlements and verdicts over $1 million. Tom graduated from U.C. Hastings College of Law in 1973.
Rachel M. Miller is the senior partner of The Miller Law Firm and has proudly represented homeowners associations for over 25 years. Rachel is the editor and moderator of various industry education courses as it relates to building performance standards, and has held many distinct positions in the community association industry, including board member of several chapters of Community Associations Institute (CAI).
Matthew T. Miller is a partner with The Miller Law Firm and received his law degree from U.C. Hastings College of Law in 2000 after his graduation from U.C. Berkeley. Matt coordinates expert investigation and testing to ensure all defect issues have been identified and addressed in the most comprehensive and cost-effective manner. Matt is also a member of the research and editorial team on all firm publications, and with his vision, created the first website directed solely to helping owner associations with construction defect www.constructiondefects.com.
What readers have to say:“For board members, aligning with the right advisors is key to creating successful communities. Ethical, experienced counsel is vital to address and resolve construction deficiencies to protect property values and the lifestyles that homeowners deserve. This guide assures board members access to unparalleled guidance and wisdom so they know they have a true partner for their community.” –Cat Carmichael, CEO of Strategy 123 and 2019 President of CAI Board of Trustees
“For most of us, our homes will be the largest investment we ever make. As the authors understand, however, homes are more than a financial asset. They’re the structures in which lives are lived and memories are made. This edition is an extraordinary manual for all matters of construction defects. Written in a clear and engaging manner, it provides homeowners the skills to identify faults and the tools to begin to remedy them.” –David L. Faigman, Chancellor & Dean and John F. Digardi Distinguished Professor of Law at University of California, Hastings College of the Law
“Buying real estate is often your biggest investment. Discovering building defects after a purchase can be a financial and legal nightmare. The Millers capture this complex emotional and legal situation and provide easy-to-understand, step-by-step guidance. This is a necessary volume for those seeking reparations despite a vast array of regulations, laws, statutes of limitations, and potential stumbling blocks. Don’t go it alone. Partner with the right experts for the best outcomes.” –Jane Close Conoley, Ph.D., President California State University, Long Beach
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