Legal Question in Real Estate Law in California
I purchased a townhouse a year ago. The complex is in litigation with the home builders. I have a bathtub in my master bedroom that I have had a contractor come out and look at. The tub squeeks and creaks really bad. I was told the tub was improperly installed and needs to be replaced before it gets worse and cracks and I wind up with damage to my downstairs. I spoke to the litigators about the issue and was told that I can't tack this issue onto the litigation because they are only going after issues that are within common areas, but was told I need to contact the builder myself because I am within the 10 yr statute of limitations on defects. I called the builders and have gotten the run around and they are refusing to help with this situation. My unit is 9 years old. Is this something that I could sue for damages?
3 Answers from Attorneys
Yes, you can sue the builder for defective construction. You need to make sure you get the suit on file before ten years from the completion of the unit, however, or you will lose all your rights and have to pay for the repairs yourself. If the builder is giving you the run around, they may well be trying to get you to blow the time limit while they mess with you. I have over 22 years of construction litigation experience. I would be happy to schedule a 1/2 hour free consultation to look at your options. Give me a call if you would like to make an appointment.
They are not going to pay money to you to fix their construction defects just because you called them on the phone. You had better contact a construction defects lawyer -- someone who will represent YOU -- well before your unit is 10 years old.
Also consider getting an estimate or two, and if the cost of repairs is not much more than the $7,500 small-claims limit, you might save time and money by filing your suit there. You have the same statute of limitations issue, but the time from filing to verdict is a lot shorter and your costs would be much lower. This only works if you feel comfortable preparing, filing and trying your own case, and if necessary collecting on your judgment, but there are very helpful books on California small-claims case preparation and presentation.
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