Legal Question in Construction Law in California

Re: Builders responsibilities

CA law requires the builder to provide a one year express limited warranty that covers the fit and finish of the residence. Even if the builder fails to provide the statute automatically provides. In addition, some builders will provide "enhanced" warranties, but not always. Check your builder documents first. The doors don�t appear to be contained within the e definition of the "fit and finish" statute and it appears that you may be outside the warranty period unless you made the claim before the one year requirement. Finally, if you cant get him to fix it under the warranty you may be able to get the items fixed if they are considered constructions "defects". If so, you would be required to follow a series of steps to notify the builder and allow him to either fix, pay, or deny your claim.

Feel free to contact my office if you would like to pursue this matter.

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Re: Builders responsibilities

Not addressed in the prior answers is a latent defect provision in California law. This would apply to a new home where there were defects not apparent upon a reasonable inspection. The facts provided are not sufficient to be certain that you would come under this statute of limitation, but you mention cold air and water leaks in addition to the doors (more likely "apparent" than latent defect?). Also, the law treats someone that builds a couple of houses differently than someone that builds them regularly for a living. Based on the amount of money at risk and the time already passed, I strongly encourage you to seek the counsel of an attorney with experience in real property and construction defect law in your local area as soon as practicable. I would personally be pleased to speak with you; however, if the matter progressed beyond the point of demand letters or mediation, the expense of travel is typically not something you can recover and makes a local attorney preferable.

Re: Builders responsibilities

If the builder doesn't remedy, you could sue, if you're timely, and if you can actually prove 'defects' the law recognizes. You're already more than a year from purchase, which is the normal warranty period. If you get an attorney, he may be able to 'persuade' the builder it would be cheaper to repair than fight in litigation. Feel free to contact me if serious about doing so.