Construction Defect: Motion to Dismiss for Failure to State a Claim — Full Package
The complete Rule 12(b)(6) package for a Construction Defect case: notice of motion, supporting memorandum, declaration with up to five exhibits, and proposed order, filed as one coordinated set.
A dismissal motion that is granted ends the case; one that is denied still teaches the plaintiff exactly what to fix, so we file only the arguments worth making. Briefed from the record and the controlling authority in your circuit, with the procedural posture handled as carefully as the merits.
Frequently asked questions
The fee covers the motion and supporting memorandum, the declaration and exhibit set the motion relies on, and a proposed order in the court's preferred form. It is fixed at this scope: motion, memorandum, declaration, proposed order, and up to 5 exhibits. 2 rounds of revisions are included. If your matter falls outside that scope we tell you before starting and quote the difference — we do not bill past a flat fee without agreeing it first.
3 to 5 weeks from a complete set of instructions, plus time for the 2 rounds of revisions included in the fee. If you are working to a court deadline or a closing date, tell us when you order and we will confirm in writing whether we can meet it before you commit.
$10,400 is $325/hour × 32 hours — the time this deliverable takes in an ordinary construction defect matter, at the firm's standard rate. Because it is a flat fee, the risk of the work running long sits with the firm: you pay $10,400 whether it takes us the estimate or twice it.
Third-party costs are never inside a flat fee and are passed through at cost, never marked up: court and agency filing fees, court reporter and transcript charges, expert witness fees, search vendor and e-discovery hosting charges, process server fees, and travel.
A short description of the dispute and where it currently stands, the key documents, contracts, and correspondence, the parties involved and any deadlines already running, and the case caption and court, if a matter has been filed. Send what you have — if something is missing we will tell you what else we need before the turnaround clock starts.
Clients also order
Other Construction Defect work MC Law prepares on a flat fee.
Construction Defect: Complaint
A complaint for Construction Defect drafted to survive a motion to dismiss, not merely to be filed.
Construction Defect: Answer
An answer to a Construction Defect complaint, with every paragraph admitted, denied, or answered for lack of knowledge on purpose rather than by reflex.
Construction Defect: Settlement Agreement and Mutual Release
A settlement agreement resolving a Construction Defect dispute, with the payment terms, a release scoped precisely to the claims being resolved, and the confidentiality, non-disparagement, and no-admission provisions.
Construction Defect: Certificate of Merit and Expert Affidavit Coordination
The certificate of merit or affidavit of expert review that a Construction Defect case requires at or near filing.