Code Upgrades

When a property is damaged and requires rebuilding, one common and often unexpected challenge is the requirement for code upgrades. Local building codes are frequently updated to improve safety and energy efficiency, and after a disaster, homeowners may find that the cost to rebuild includes not only repairs to the existing structure but also additional expenses to comply with current regulations. These upgrades can include improvements in fire safety, seismic standards, accessibility, and energy efficiency measures, which were not part of the original construction.

Insurance policies sometimes cover “replacement cost” but may not account for the additional expenses incurred due to new code requirements. This discrepancy can lead to significant out-of-pocket expenses for the homeowner. When an insurer argues that the policy does not cover code upgrades, it can leave property owners in a difficult position, having to pay extra to meet modern safety standards on top of repairing their damaged home.

Our legal team is well-versed in the nuances of code upgrade issues. We understand that the intent of many life and property insurance policies is to restore the insured to a condition similar to what existed before the loss, and this sometimes includes necessary upgrades mandated by law. We work diligently to interpret policy language in a way that supports the inclusion of code upgrades as part of the replacement cost. By reviewing building codes, consulting with construction experts, and analyzing precedent cases, we build a compelling case for why these expenses should be covered under your policy.

With our aggressive advocacy and thorough understanding of both insurance law and construction requirements, we can negotiate with insurers to ensure that you are not left bearing the full financial burden of necessary code upgrades. Our goal is to secure a settlement that reflects the true cost of rebuilding your home safely and in compliance with current standards.