What would you do about construction defect in new home?

I publish illustrative scenarios prepared by my practice. The participants and conversations are fictional. These are not posts by real users, accounts of client experiences or reports of actual results.
Started by desperate_times_etc_10 · Dec 27, 2024 · 1,290 views · 6 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.

WT
worried_tenant_67

This is exactly why I started documenting everything from day one.

RT
random_time_78

Make sure you send everything via certified mail with return receipt.

LH
looking_here_92

Has anyone tried [reaching out to their legal department directly]?