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Top 4 Questions About Construction and Real Estate

On Behalf of | Sep 21, 2015 | Commercial Real Estate |


California is known around the world as a place to go; a place to be. It’s seen as a playground for the rich and famous – a balmy, beach covered oasis on the other side of the desert. The weather and many opportunities for recreation attract tourists looking to get away from colder climates. This leads the way for individuals and companies interested in real estate development in the area to take advantage of seemingly endless opportunities.

If you were interested in such an enterprise, you would do well to consider the part that is played in such a venture by a real estate attorney. The trend of establishing and modifying real estate properties in the area, means that there is a high demand for the services of experienced southern California real estate attorneys. The main responsibility of a real estate attorney is to consult with and represent clients in legal issues that involve property holdings in southern California.

Most Common Questions in Construction and Real Estate:

  1. What type of construction permits are necessary in order to start a construction project?
  2. What is a construction defect?
  3. How can the existence of a property defect be proven?
  4. Is it necessary to have a real estate attorney?

Construction Permits: Every municipality has specific permits required before a construction project can occur. At the very least, a building permit is necessary. Other potential requirements include: environmental clearance, fire permit, occupancy permit, etc. The number of and type of permits required for a project will also hinge on the type of construction project to be completed. Simple renovations/refurbishments will typically require fewer permits than complete, top to bottom construction projects.

Construction Defects: The construction defect is any damage or error that will diminish the value of the property significantly. They range widely from design or workmanship flaws all the way to structural failures. They can be identified/tracked during the early stages of construction, but they can also manifest at any time during the lifespan of a property.

Property Defects: In order to prove that a property defect exists, you will need an independent expert (someone not connected to either the contractor or the client) to provide testimony. The independent expert should completely understand the skills and experience required in order for their testimony to be valid in court (i.e. background in waterproofing or roofing for testimony on related defect).

Why do you need a real estate attorney? An experienced southern California real estate attorney is better versed in the intricacies of the law. It is particularly advisable that you obtain counsel in cases where the situation with the property is especially complicated. Your real estate attorney will also be able to refer you to the right independent experts and make sure that they are not billing you excessively for their services.

If you need assistance in southern California construction and real estate, contact the attorneys at The Law Office of Retz & Aldover LLP.