Legal Question in Construction Law in Illinois

bought new construction 2006. 2009 black mold found on entire wall. wall had to be take out. roofers came out multiple time's they say there in no leak. multiple water spots on ceiling still. builder says her's not responsible and neither is the roofer... now where do I go?


Asked on 2/02/10, 7:16 am

1 Answer from Attorneys

Unfortunately most likely to a construction lawyer. First the lawyer has to review the contract because most of them try to waive most of your legal rights (which can be overcome in the right case). Then the statute of limitations needs to be evaluated (normally for construction you have 4 years to sue from when you knew or should have known there was a problem although recent cases say if the builder takes action that doesn't work the limitations period can be "extended" on principles of equity). You may then need to make a demand and fully document the problem at your own expense including tests, repair estimates, etc. Depending on how bad things are, you may wind up having to move out or otherwise seal off these areas of the home. The bigger problem is that today the builder may be in or near bankruptcy; while that might allow you to sue the roofer and any others involved in the construction, there's no telling if any of them have the $ to cover a judgment -- their insurance may not cover this either. And then there's the time -- construction litigation is costly and time-consuming. You can always report the builder to places like the BBB and local licensing authorities too, but that doesn't get your problems fixed. If the builder was "otherwise" a name brand and reputable, you may have some leg up but not necessarily much. If you need some more help please give me a call at 847-606-2782.

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Answered on 2/10/10, 5:35 am


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