Legal Question in Construction Law in California

Builder responsibility to repair?

My home is 2 years old, there's serious deterioration of the grout/separated caulking around the entire sink. The water leak from this resulted in the discoloration on the inside of the cabinets under and near the sink area. And there may be mold. My insurance company won't pay for repairs because they claim it was caused by faulty construction; my builder said after the first year, it's homeowner maintanance so it's not their responsibility either. This shouldn't happen to a house this new, what are my options?


Asked on 9/25/06, 5:04 am

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Builder responsibility to repair?

Contact the Contractors State License Board right away and file a complaint. The contractor is incorrect that this is your responsibility. State law imposes much longer periods of responsibility. The general rule is that you have 4 years from the date of breach to sue to enforce a breach of contract. In the alternative, you have 3 years from the date of discovery of a defect to sue with a cut off of 10 years. This is a great simplification, but it encompasses most residential situations. The CSLB should be able to bring sufficient pressure on the contractor to force them to make repairs. If this doesn't work, you still have small claims court, assuming that the damages don't exceed $7500, or superior court if the damages exceed $7500. You can also go after the contractor's license bond which, assuming it isn't exhausted by other claimants, is $10,000.

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Answered on 9/25/06, 12:57 pm


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