Legal Question in Construction Law in West Virginia

New home w/construction defects

3 months after we moved into our home, floors starting sinking and walls cracking (67 nail pops in kitchen ceiling alone). Our home was built without blueprints (i.e., public records contain blueprints, but they do not match our house). We purchased optional sunrooms (one off the kitchen and the side of the house), those additions are not included in the blueprints. Since the builder got those plans approved after we signed the contract and picked all the options, would this be considered fraud? This is just the start of the problems we have had with our builder. Please help!!! Thanks.


Asked on 8/29/06, 2:50 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: New home w/construction defects

Dear New Homeowner-With-Defects:

From the facts described, you may well have an excellent negligence, fraud / misrepresentation case, a consumer action, etc., depending upon your written contract agreement, which should have incorporated a copy of the approved drawings and specifications for your new home.

Since I am not presently admitted in WV, contact and obtain experienced legal counsel at once.

First, however, ascertain whether or not your builder is even collectible!

Good luck.

Sincerely,

J. Norman Stark, Attorney & Registered Architect

Cleveland, Ohio

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Answered on 8/31/06, 8:25 am


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