Legal Question in Real Estate Law in New Jersey
Is the Builder Still Liable?
I am living in a 2-story single-family home that was newly constructed in Jan., 1999. Leading up to my front door is a 2-step stoop with a 3'x4' landing. In 1999-2000 I had to contact my builder twice for cracks and a separation running left-to-right along the bottom step. He sent out a cement contractor & I was told these were ''settling'' cracks. Now the step has completely separated from the rest showing a 2'' gap between the back of the step & the remainder of the stoop & it is sinking. Plus, the step itself, the landing pad in front of it & a 3-cement-block path leading from my driveway to my front door is tilted towards the house where water floods the area & sits whenever it rains. I'm fearful that I will get water in my basement. Everyone tells me that the builder is responsible for this during the first 10 yrs of my residing here. I wrote a letter to him 2 wks ago & have gotten zero response, which is typical as he was ALWAYS difficult to have return for ANY type of minor problem, let alone something major. Is he still legally responsible for this? This job has been quoted to me as $2,600-$3,500 in repairs. I am permanently disabled having not worked in 13 yrs. Do I have ANY recourse against this man? Please advise.
2 Answers from Attorneys
Re: Is the Builder Still Liable?
At the time of closing you should have received a Home Owner's Warranty. In the booklet there is a procedure for filing a claim if the builder does not respond. At this time of the warranty, it probably only covers structural defects. However, what you describe should apply.
Re: Is the Builder Still Liable?
New Jersey law requires the builder to provide you with a warranty for new construction homes. The period of coverage under this warranty varies depending on the type of defect. Generally, workmanship issues are covered only for a short period such as one year. Major structural defects are covered for up to twenty years.
The warranty required by law is not just an undertaking by the contractor. There is a private insurer who backs up the warranty and is responsible for performing the repairs if the builder does not. You should have been provided with a copy of the warranty document at the time of settlement. Follow the claims procedure and let the investigator determine if the defect is still covered. You can appeal from a negative decision. Do not delay; the period of coverage is determined by the date of your claim and the date of settlement.
If the warranty does not apply or the coverage has expired, you may still have a remedy.
If you cannot find the warranty documents, you may have to file a complaint against the builder in order to get information to make the claim. If the builder has not provided the warranty, he is still liable and is subject to penalties for failure to comply with the statute.
If you need assistance with any of this, please feel free to contact me.
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