Filing a Lawsuit Against a Home Builder/Developer After the Sale
Lawsuits against home builders/developers occur frequently when a construction defect is discovered by the homeowner after the sale of a home. A construction defect is considered workmanship that does not meet reasonable industry standards. The most common types of defects occur from design, materials, substandard workmanship or soil or geological problems. The nature of the defect can affect the value of your home and will determine the amount of damages you may suffer. If you discover a defect, you should immediately obtain a professional opinion as to the nature of the defect and the costs to repair it.
Serious defects must be taken care of properly, or they can lead to further harm or damages to your property and affect the safety of your family. You should contact a construction defect attorney who will contact the home builder/developer on your behalf to resolve the matter. Construction defect problems can be resolved through direct negotiations with the builder/developer and your attorney if the builder/developer is willing to come back and make the repairs. If the builder/ developer is not willing to correct the defects, then your options may be limited to either paying for the repairs and/or instituting legal action against the builder/developer.
Statute of Limitations
The statute of limitations is the time in which you legally have to make a claim against the builder/developer. Suits for damages need to be brought within reasonable time limits. There are a couple factors that determine when the statute of limitation starts running, such as when you discovered the defect and suffered damages and whether you knew that an injury might occur as a result. Other factors to consider are whether the builder has made repairs since you owned the home. These matters are complicated and should be discussed with your attorney.
Each state has different laws regarding recoverable damages resulting from construction defects and/or designs. You may be able to recover reasonable costs to repair the defect, attorney’s fees and other damages. It is possible that you may also be able to recover damages from other parties involved in the construction such as subcontractors and architects.
Seek Legal Advice
Construction defect law is complex so you should not try and resolve a construction defect matter on your own. It is recommended that you speak with a construction defect attorney to find out your legal remedies and rights. The attorney can help you determine who may be negligent in causing the defect, file a lawsuit on your behalf against the negligent party and defend you in court.