Legal Question in Construction Law in New York

Home Construction

Our house was built in 2003 (we're 2nd owner - bought in 2006) and we just found out that the wall insulation is below code (and was when built) and will cost us thousands to remedy. Do we have any recourse against the builder, inspector, etc ?


Asked on 1/16/09, 9:02 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Home Construction

You have no recourse against the builder since you did not purchase the house from the builder.

You have no recourse against the inspector since the statute of limitations period expired.

You have no recourse against the seller since the house was probably sold "as is".

That leaves your house inspector (if you used one). However, the insulation is in the wall and not subject to visual inspection. Therefore, it is doubtful you have a cause of action against your inspector.

I would contact your insurance broker to see if you may make a claim on your homeowner's policy. Depending on the language in your policy, you may have a shot.

Good luck.

Mike.

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Answered on 1/16/09, 9:10 am


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