Construction Defect Defense

Construction defect defense is an area of specific expertise for our firm. Over the past eighteen years, our partners have specialized in this practice area, and offer representation which is unsurpassed in the Southern California market.

Fernandez & Lauby partners have worked with insurance carriers, real estate developers, general contractors, subcontractors and experts to aggressively resolve construction defect matters of significant size and scope. Our reputation among mediators, complex case judges, experts and our clients is that we utilize an aggressive technical evaluation of cases to extricate our clients through negotiation and mediation.

On the rare occasion when a construction defect matter proceeds to jury trial, Fernandez & Lauby partners and staff have developed strategies to limit the case through pretrial motions, and have mastered the technology necessary to manage exhibits and effectively present expert witnesses in an entertaining manner to properly develop our defense in a style easily understood and acceptable to a lay jury.

In addition to Developer and General Contractor clients, we have represented the following subcontractor trades:

• Framing • Window Manufacturing and Installation • Plastering • Dry Wall • Roofing • Concrete (including sulfate attack) • Sheet Metal • Geotechnical and Grading • Asphalt Paving • Deck and Waterproofing • Plumbing • Electrical • Landscaping and Hardscape • Mechanical and HVAC • Finished Carpentry • Tile

Fernandez & Lauby maintains professional relationships with the most highly regarded technical experts in the construction industry, and we are capable of staffing any type of technical construction defect evaluation with a properly credentialed expert who commands the respect of opposing experts, counsel and mediators. Prior cases have afforded us the opportunity to examine and cross-examine nearly all of the recognized experts utilized in construction defect litigation in Southern California. This familiarity with experts positively serves our clients during mediation, expert deposition and trial.

Similarly, our reputation with mediators and complex case judges for technical competence and firm but fair negotiation practices provides our clients with the credibility necessary to successfully mediate fair and reasonable settlements.

Our representation of Developers includes condominium developments and single family housing projects as large as 500 plus homes and as small as a single house or commercial building. We welcome any sized project.

Developers and contractors may also avail themselves of litigation prevention consultation. Specific opportunities for prevention of future litigation include drafting of subcontracts which indemnify and insure the developer against future claims; establishment of construction supervision and coordination practices designed to prevent defective construction; document management; and technical consultation with experts.

Please contact us today to consult with a partner regarding your needs.

We make it a priority to provide outstanding legal support, advice and representation for clients throughout Southern California. From business litigation involving hundreds of millions of dollars to divorce representation for middle-class families, we are focused on building strong solutions for clients.

Talk to us first. Call an office near you, or contact us by e-mail to arrange a consultation.

--- Monday, February 6, 2011 ---

 A Peer Review of Mr. Edward A. Fernandez's Mediation Services by Filippo Marchino, Esq.:

"What most know is that Mr. Fernandez is a member of the panel for the Redlands Arbitration and Mediation Services, as well as the Inland Valley Justice Center. What most don't know is that Mr. Fernandez spent 5 months resolving a case that nobody (not even the parties) believed could actually be resolved short of a trial on the merits. In a case of complex construction defect, involving complex and detailed matters, Mr. Fernandez skillfully navigated each and every matter, resulting is a win-win situation for both parties, one of which I represented. Can't honestly say how appreciative of his hard work we all are. Hence, it is with no hesitation that I fully endorse Mr. Fernandez!"

--- Friday, December 2, 2011 ---

A recent client review for Mr. Edward A. Fernandez:

As a principle of ClaimQuest, Inc., a Third Party Administration company, it is my duty to obtain the best legal counsel possible for me clients. It is important to note that my decision on counsel directly reflects on me and my company. My clients and I do not want excuses, we seek cost effective results. Mr Fernandez, his law firm, and associates have a long and proven track record for achieving positive cost effective results many of his peers only talk about.

Mr. Fernandez demonstrates excellent legal skills which are a great asset but it is not the only talent you should seek from your legal council. In addition, he also has a reputation of being a hard, yet fair negotiator which has earned him the respect of his peers and the courts. This blend of rare talents has given Mr. Fernandez the opportunity to obtain the most favorable results while significantly reducing needless time consuming litigation costs in many cases.

In my 30 years of being in this business I have never given my endorsement to any attorneys' before Mr. Fernandez, I can say with confidence that Mr. Fernandez has set the standard for our office and many other associates I do business with.

--- Friday, November 11, 2011 ---

Mr. Edward A. Fernandez, Esq. recently gave a presentation to the 2011 Vons Defense Attorney Conference regarding the status of the California Expedited Jury Trial Program.

 --- Wednesday, October 26, 2011 ---

Mr. Edward A. Fernandez recently attended "Impasse Is A Fallacy" a 14-hour Advanced Mediators' Forum with Lee Jay Berman, Doug Noll, and Tim Corcoran of the American Institute of Mediation.

--- Friday, August 26, 2011 ---

Have you been wrongfully terminated, harassed, or failed to be paid wages that you have earned?  Visit our employment law website to learn more about your rights and how Fernandez & Lauby can help you recover your lost earnings or damages!  California-EmploymentLawyers.com

--- Tuesday, May 24, 2011 ---

Fernandez & Lauby LLP is pleased to announce the expansion of its ADA Accessibility Compliance Department. In addition to defending companies against ADA and California accessibility law compliance violations in a cost-effective manner in both State and Federal Court, F & L can proactively protect companies by recommending preventative measures and compliance consultants.

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