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What would you do about construction defect in new home?

Started by desperate_times_etc_10 · Dec 27, 2024 · 1,290 views · 3 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
DT
desperate_times_etc_10 OP

English isn't my first language so bear with me. Quick background on my situation — any input appreciated.

construction defect in new home. I've been dealing with this for about 7 months now and the situation isn't improving.

I have been in this property for 5 years. My monthly rent is $2,199. We are on a month-to-month now.

What are the risks if I pursue this? What's the likely timeline?

LE
legal_eagle_wannabe_30

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

DA
daveP_22

I mean i've dealt with this before.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

JF
Joe_from_TX_2 Attorney

@clock_watcher_9 — Foundation cracks causing water intrusion are almost certainly structural defects covered by the 10-year warranty. HVAC undersizing and code violations may also have warranty coverage beyond the 1-year workmanship period under implied warranty of habitability theories. Key steps: (1) Hire an independent inspector — get a detailed report documenting every defect with photos and code references. This is your expert evidence. (2) Send a formal written claim to the builder under the warranty, specifically listing each defect and citing the applicable warranty provision. (3) Check your state's right-to-repair statute — many states (including California, Texas, Florida) require giving the builder an opportunity to repair before filing suit. (4) Don't let the builder's handyman 'fix' things repeatedly — inadequate repairs create additional documentation of the defect. (5) The code violations (electrical panel) may allow you to involve your local building department, which can issue a notice of violation compelling repair.