Legal Question in Civil Litigation in California
Construction Defect - General Release
My house was bult in 1992. We could not get the builer to complete the pick-up items. Finally we went after their insurance who paid us for the unfinished items (paint, stucco, etc). Just before giving us the check for the agreed upon figure, the had us sign a release that we could not come back for unknown defects. We signed the release figuring "What could possibly go wrong". IN 1995 we noticed that the front entry raised slab started to move away from the rest of the house. The builder came out and determined that their is a soils problem. The builders engineer also told us that there was not enough base put under the slab for the expansive soil. Now the builder is saying that since we signed a release, they are not responsible for this. Is it true???? Obviously, this was not something we could have anticipated.
1 Answer from Attorneys
Re: Construction Defect - General Release
If the settlement agreement was drafted properly then yes, you are barred from bringing suit against the builder. In fact, if you try to sue despite the clause you described, you could be liable yourself for malicious prosecution.
There might be some wiggle room in the language of the release you signed, but this isn't likely. You might want to have a lawyer review it just to be sure.
You say that the newly-discovered defect wasn't something you could have anticipated, but you also say that you signed a release waiving your right to later sue over unknown defects. Your slab defect was "unknown" at the time, but still would be covered by the language of the release.
Sorry I can't be more encouraging.
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