Home Building


Wendel Rosen works with clients from the home building industry on projects ranging from large planned unit developments to small urban infill and mixed use projects.  Attorneys are able to handle financing, development, construction and other matters, including assisting with zoning and land use issues.  We frequently represent clients before planning commissions, the Department of Real Estate and other agencies and governing bodies.

We also represent many contractors, subcontractors and building product suppliers and maintain a large network of contacts throughout the industry.

The firm's experienced real estate litigators frequently represent home builders in construction defect, contracting, environmental, insurance and other litigation.

In addition, several of the firm's practice areas support clients from the homebuilding industry in areas ranging from environmental and land use to business and employment. The broad experience of the firm can help home builders develop contracts and form business entities, as well as litigate environmental or insurance issues.

Many home builders currently find themselves exploring options related to green building, whether to develop new products as a market response to growing consumer demand or to take advantage of "fast track" approvals and other opportunities offered by many of the states' governing bodies. Firm attorneys are experienced helping developers and contractors plan, document and implement projects that meet these criteria.

Firm attorneys are active in building industry organizations, including the Home Builders Association of Northern California, U.S. Green Building Council and Build It Green.

  • Tried to successful conclusion homebuilder’s claims against neighboring gun club for trespass and nuisance, obtaining $2.3 million judgment and permanent injunctive relief.  Successfully defended judgment on appeal.

  • Forced multiple insurance carriers for a townhouse developer to settle a multi-million dollar construction defect lawsuit with no contribution from the policyholder/developer

  • Forced carriers in construction defect lawsuit to pay significantly larger share of the settlement for the plaintiff's claims

  • Provided contractual and insurance risk transfer advice and consultation on large condominium development projects

  • Evaluated owner controlled insurance programs ("OCIPs") on large common interest developments

  • Documented and implemented of comprehensive SB 800 ("Fix-It" law) programs

  • Extensive experience defending regional and national residential home builders in construction defect litigation throughout California.

  • Obtained summary judgment on behalf of one of the nation’s largest single-family developers in a bet-the-company case litigated in Arizona against a conglomerate of the nation’s largest lending institutions.

  • Represented landowners in sales of vacant land to homebuilders for development. Representation included monitoring of entitlement process for development projects.

  • Curtin, Patricia E.
  • Graham, Matthew F.
  • Hansen, Charles A.
  • Murai, Garret D.
  • Williams, Todd A.
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