Legal Question in Construction Law in California

Hello,

We purchased our home in April 2006, as a new construction, directly from the builder, Wilson Homes, in Clovis, CA. We have discovered major cracks in the concrete slab foundation. Now the cracked area is also offset from the rest of the foundation. Even worse, it seems that the builder knew about the cracks and filled them with epoxy. We have contacted the builder, they sent someone out to inspect and just referred us to the 2-10 warranty. Shouldn't the builder be responsible to take action especially if they concealed the major defect? Please advise on what actions to take.


Asked on 1/30/11, 10:12 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

There is a pre-litigation procedure you can invoke that forces the builder to respond to you. It is found in Civil Code section 895 et seq. Basically, you give notice as required under the statute and they have to respond within so many days. It is, however, possible, that the builder has its own non-adversarial procedure that you would be required to follow rather than the 895 procedure. This can ultimately get quite complicated so you would do well to hire a lawyer who specializes in construction defects.

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Answered on 2/08/11, 2:32 pm


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