Legal Question in Real Estate Law in California
Faulty Building in New Construction Housing
I have purchased a brand new home from a builder about 11 months ago. I began to notice the house would not insulate, and would maintain temperatures of 56-67 degrees INSIDE! My heater bills started to run up to $200 a month. Then I noticed at my feet in several areas that there was air leaking into the house from the outside. Builder tried to repair, but still no fix. I feel the only way is to re-cement the entire foundation. There are several areas where I can feel air coming in because there is hardwood floors, but in areas that are carpeted it would be much harder for me to find. Is there any recourse to the builder for this extremely shoddy and seemingly expensive fix? My hardwood floors alone had cost me $17000. I cannot even start to imagine the cost to fix the concrete slab if there are ''air tunnels'' running throughout the house. The home has a 10 year limited warranty, and a builder 1 year warranty that is almost up. As I mentioned earlier, they are aware of the issue, tried to fix with hokey pokey cheap ways, and it did not work. What should I do? Please help. This home cost me close to $900,000!
2 Answers from Attorneys
Re: Faulty Building in New Construction Housing
Representation by a lawyer usually does wonders when working with a builder who refuses to adequately fix a potential construction defect. The first step would be to hire an independent expert who can verify the problem and offer what may be a solution to the problem. Presenting this evidence to the builder may result in them unilaterally taking the recommended corrective measures or refusing to do so. If they refuse, you would then have to consider additional legal options. However, I am assuming your goal would be to ensure you have a comfortable environment to live in, as soon as possible. Retaining a lawyer will help let the builder know you are serious. Feel free to contact my office to discuss your situation.
-Bryan Becker
877*201*8728
Re: Faulty Building in New Construction Housing
Look for a lawyer who specializes in construction defects and isn't too far from the house in question, or the courthouse where a suit would be filed and heard. Re-read your contract carefully, especially the parts dealing with warranties. Look for clauses concerning recovery of attorney fees, duty to mediate or arbitrate, and the like. Assemble and preserve your correspondence, phone records, e-mails, etc. relating to the defects. Try to get your lawyer and expert "on board" before the warranty expires, but if you have made claims already this shouldn't be critical.
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