Legal Question in Construction Law in California
Construction Defect-Loss of rRent.
Our 4 year old new home began to show water damage around windows, upstairs planters and roof last year. The builder has verbally acknowledged the problem without categorically stating he will fix it. He also has sent various subs and testing professionals to examine the damage.
The damage has impacted our lives. We have decided to speed up our process to accept an out of town job offer and move into a new home.
Should we demand the builder fix the problem immediately? Or should we have the problem fixed ourselves and then try to collect from the builder? Is the builder also responsible for the loss of rent during the time the home is being ''fixed''.
2 Answers from Attorneys
Re: Construction Defect-Loss of rRent.
For starters, if you sell the house, you have to disclose the problem if it is not fixed. Therefore, you should fix it promptly, before you market it, whether the builder pays or not.
You have already waited a long time without repair by the builder, and may have to sue the builder to get him to fix it and/or pay your damages that you claim. Contact me if interested in pursuing this.
Re: Construction Defect-Loss of rRent.
There is a ten year statute of limitations on building defects. If you do nothing neither will the builder. If you can afford to repair the defects, then you should as it is the plaintiff's obligation to mitigate damages. Call me directly at (619) 222-3504.
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