Am I required to make repairs while the lawsuit is pending? Can I recover those costs in the lawsuit?
You are not required to make repairs during a construction defect lawsuit. However, you do have what’s called a duty to mitigate. That means you have a duty to minimize the amount of damage that occurs. A good example of that is that if you have a roof leak you need to fix the leak to stop the water from pouring inside the unit. However, you’re not required to go out and completely repair the entire roof until after the litigation is over.