Real Estate Attorney recommendations, Metro Phoenix (credit, lawyers, home builder)

[ShampooBanana]

How big a builder is this? The really big national builders all have their own in-house counsel that handle all these types of issues/lawsuits and are extremely well versed in what they are and aren't truly liable for. Maybe you have something but it better be very well documented. Every e-mail correspondence, every phone call logged, every letter, pictures of the issues, second hand opinion from 3rd party inspectors...everything. I know some RE attorney's but they more handle entitlements/zoning/property rights type issues and not construction defects. I think Gammage & Burnham has a practice on construction litigation, though. I'd check in with them as they are a very good firm and locally based.

[Kate2345]

Not to be discouraging to anyone but a point to be made: residential construction defects are not like personal accident injuries or medical malpractice where there are huge rewards to be recovered and therefore an endless supply of contingency lawyers and plenty of money to go around in the end. Even if contingency We’re talking what? $5k to $50k rewards based on the lessor of cost to repair or diminished value and that 1/3 lawyer cut is going to STING. Because that’s before they deduct various “costs” like expensive experts. And the rewards are so small that if you’re thinking from a lawyers point of view you want only “class actions” where you negatiate a 500k settlement for the whole hood, take your $150k and send everyone a $500 check after huge expenses are deducted , 3 years later, in the meantime they can’t sell easily because it’s tied up in litigation. That’s why I think ROC or BBB is a better route. JMO. But I do really feel for Saguaro. Houses are such a huge investment, cheating people in this way is so wrong. Just saying that lawyers can’t necessarily make it right. But your experience might be different. It’d probably be useful to hear form a person who had a good outcome suing a builder. Maybe post that on the general forum here?
Is your builder in the BBB? With a good rating? Are you still under warranty?

[JGMotorsport64]

Originally Posted by Kate2345

https://www.washingtonpost.com/busin...-home-builder/

I take it you work for OPs home builder? Breach of contract is one of the causes of action that are pursued and when you assert that your attorneys fees may be recoverable. Construction defect is one of the largest practice areas in Phoenixs legal market.

OP Construction defect lawsuits are commonplace in Arizona. Doubtful for a class action but if your neighbors are banding together (as they often do) then you might have something. What actually happens is homeowners band together and sue the home builder. Home builder settles and then goes after the subcontractors for what the home builder paid to the home owners.

The real negative of joining these defect groups is that you have to disclose it, but the defects will also show up on a home inspection report.

Do you have an HOA OP? If so, it’s common for HOA lawyers to be plaintiffs construction defect lawyers. In fact, it’s probably the most common way these lawsuits happen. Are you talking to your neighbors? If you’re serious about pursuing this that’s the way to go. If you want to go solo, what you want is an attorney that practices construction defect, not real estate law.

[JGMotorsport64]

Originally Posted by Kate2345

Not to be discouraging to anyone but a point to be made: residential construction defects are not like personal accident injuries or medical malpractice where there are huge rewards to be recovered and therefore an endless supply of contingency lawyers and plenty of money to go around in the end. Even if contingency We’re talking what? $5k to $50k rewards based on the lessor of cost to repair or diminished value and that 1/3 lawyer cut is going to STING. Because that’s before they deduct various “costs” like expensive experts. And the rewards are so small that if you’re thinking from a lawyers point of view you want only “class actions” where you negatiate a 500k settlement for the whole hood, take your $150k and send everyone a $500 check after huge expenses are deducted , 3 years later, in the meantime they can’t sell easily because it’s tied up in litigation. That’s why I think ROC or BBB is a better route. JMO. But I do really feel for Saguaro. Houses are such a huge investment, cheating people in this way is so wrong. Just saying that lawyers can’t necessarily make it right. But your experience might be different. It’d probably be useful to hear form a person who had a good outcome suing a builder. Maybe post that on the general forum here?
Is your builder in the BBB? With a good rating? Are you still under warranty?

OP can do both. The lawsuit doesn’t foreclose the ROC and BBB complaints

[Kate2345]

JGM, you seem to know a lot more about this than me. I defer to you. I don’t work for anyone. My father is a real estate attorney so I’m skeptical of lawyers, that’s all.

[Burning Madolf]

Originally Posted by Saguaro19

Hi, looking for Real Estate Attorney recommendations. Possibly need a consult on our new home built by a national builder in Metro Phoenix.

Thanks in advance for your time.

There was a construction defect law signed a few years back. At the time, it was about having to go back to the builder before suing. I haven't followed it since (my HOA had an issue then and it was brought up) but I'd start there. This is what a quick search found:
Arizona’s New Construction Defect Law is Effective the Summer of 2015 | Jaburg Wilk


I did look into real estate lawyers here a few years back and they are not as prevalent as in other states.

[smoochaz]

Originally Posted by Saguaro19

Construction defect issue which, may actually turn in to a Class Action lawsuit.

Class Action will take forever I'll PM you real estate attorneys later today when I get home. Please do your homework prior to hiring an attorney. Do you have proof of construction issues ? new homes have settlement issues; review the public report that you should've reviewed/signed off on prior to buying the home that would've disclosed any issues with ground; fissures; environmental issues; etc. Do you have a warranty with home builder? etc.

[Saguaro19]

Originally Posted by ShampooBanana

How big a builder is this? The really big national builders all have their own in-house counsel that handle all these types of issues/lawsuits and are extremely well versed in what they are and aren't truly liable for. Maybe you have something but it better be very well documented. Every e-mail correspondence, every phone call logged, every letter, pictures of the issues, second hand opinion from 3rd party inspectors...everything. I know some RE attorney's but they more handle entitlements/zoning/property rights type issues and not construction defects. I think Gammage & Burnham has a practice on construction litigation, though. I'd check in with them as they are a very good firm and locally based.

BIG builder....AND, like all national builders right now, very active in Arizona. Yes, getting everything together. I will put that practice on my list to contact.

Thank you!

[Saguaro19]

Originally Posted by smoochaz

Class Action will take forever I'll PM you real estate attorneys later today when I get home. Please do your homework prior to hiring an attorney. Do you have proof of construction issues ? new homes have settlement issues; review the public report that you should've reviewed/signed off on prior to buying the home that would've disclosed any issues with ground; fissures; environmental issues; etc. Do you have a warranty with home builder? etc.

Thank you. I would appreciate any assistance you can provide. Viewing home's plans this week, as well. They are "copyrighted" so cannot get copy of it. We don't seem to have any environmental or settling issues, the 2nd story appears to have been built defectively...how it passed the builder's inspection or the city's inspection is beyond me! The home is just under 2 years old...builder is STILL doing the one year warranty issues.

Thank you!

[Saguaro19]

Originally Posted by JGMotorsport64

OP can do both. The lawsuit doesn’t foreclose the ROC and BBB complaints

I have done ROC and will do BBB this week as well. ROC has accepted the complaint and told builder that they had to fix some things. Through more investigation; however, we have found that there are the construction defects.

Thanks for your suggestions!