Am I required to make repairs while the construction defect lawsuit is pending? Can I recover these costs in the construction defect lawsuit?
You don’t have an obligation to make repairs during the construction defect lawsuit, however you do have what is called a duty to mitigate. That means in common language, you have a duty to limit the amount of damages that you have. For example, if you were to have a roof leak you need to take steps to stop the water from coming in. That doesn’t mean you need to do the entire roof repair but you need to stop the damages, and yes those damages are recoverable in the lawsuit.