Legal Question in Real Estate Law in California

Re: Builder responsibility for failing windows

While Attorney Gibbs is correct in that the law regarding construction defects changed years ago, it is not clear whether the new law, referred to as SB800, applies to you. SB800 applies to new homes for which the contract was entered into on or after January 1, 2003. Was the home originally purchased before or after that date? The answer to your posted question will vary depending on this fact.

More facts are needed to give you a detailed response. Feel free to contact my office for a free consultation. We do construction law and in particular construction defect cases.

Best of Luck.

www.SoCalConstructionLaw.com

Re: Builder responsibility for failing windows

You have a couple of issues. First, the fact that you are not the original owner does affect your rights as a plaintiff in a construction defect suit against the builder. I don't practice in that field, so you need to consult with a construction defect attorney. Second, there are two statutes of limitation on the filing of a construction defect action. The first is a maximum period of 10 years from the date of construction, however, the second is a two year statute from the date you actually knew of, or should have discovered the defect. You'll need to review the facts with a construction defect attorney to be sure you have not blown any statutes, which serve as an absolute bar to recovery. Third, the law regarding construction defect suits changed years ago, and the bar is much higher now for recover than it used to be. You have to prove actual damage to the home from the defect. Again, review the facts with a construction defect attorney to determine whether you have a case or not. Finally, the builder is ultimately responsible for the defect (assuming the conditions above are satisfied), and cannot rely solely on the window manufacturer's warranty. They are responsible not only for their workmanship, but also for the materials that went into the house. They can file suit themselves against the manufacturer, but they are the primary defendant in a construction defect suit.

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Re: Builder responsibility for failing windows

How much is it to replace the windows? It may be worth it to sue the builder, let him try enforce the warranty. It may be that the windows were installed in a manner not recommended by the manufacturer. Contact me directly.