Peter J. Linn, Esq.
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Peter J. Linn, Esq.
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Construction defect

Representative Cases

  • The plaintiff, a condominium owner, sued his homeowners association (HOA), alleging property damage after the HOA began construction to replace the decks and siding of the multiunit building’s common areas. During the exterior repairs, the HOA required access to several units, including the plaintiff’s, to complete the work. The plaintiff claimed that the construction rendered the guest bedroom and master bedroom in his unit uninhabitable.  During the course of the repairs, the HOA’s contractor also discovered mold in an interior wall of the plaintiff’s unit, which was caused by a leaking plumbing fixture. Disputes arose over who was responsible for repairing the damage and who should bear liability for other damages the plaintiff alleged occurred during the plumbing and related repair work. The case was successfully resolved following a full day of mediation.


  • Plaintiff Contractor and defendant property owner entered into a written contract to perform improvements to a residential property that included adding an ADU. Work commenced during the time of the Covid epidemic that delayed the project.  Disputes also arose later in the project involving alleged cost overruns, as well as defective work that resulted in the contractor being terminated from the project.  The contractor thereafter filed a mechanics lien and an action to enforce the lien. The homeowner filed a cross-complaint seeking damages for defective conditions. Following expert meetings and lengthy mediation, the parties were able to resolve the case.


  • Plaintiff contractor and defendant property owner entered into a written agreement for residential improvements, including the addition of an ADU. The project began during the COVID-19 pandemic, which caused delays. As the work progressed, disputes arose over alleged cost overruns and claims of defective workmanship, ultimately leading to the contractor’s termination. The contractor subsequently recorded a mechanics lien and filed an action to enforce it. The homeowner responded with a cross-complaint seeking damages for alleged construction defects. Following expert consultations and extended mediation, the parties reached a settlement.


  • Mediated breach of contract and construction defect claims between property owner and builder/designer of Accessory Dwelling Unit. Plaintiffs alleged the ADU was not built as originally represented, and when delivered contained numerous structural and construction defects. The builder/designer argued that the construction met design standards.


  • Successfully mediated mechanics lien dispute between commercial builder and property owner stemming from non-payment progress payments under the terms of the construction contract. Owner defended non-payment on the grounds the builder failed to comply with terms of contract and that there were alleged construction defects that the builder failed to timely remedy.


  • Successfully resolved litigated matter between contractor and property owner stemming from an extensive kitchen remodel. Homeowner, an elderly widow, alleged the contractor’s salesman engaged unfair bidding practices, and then failed to timely perform under the contract.


Peter J. Linn, Esq.

1999 Harrison Street, Suite 1700, Oakland, California 94612

(510) 466-6630

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