Most of us form a deep attachment to our homes, and often quite quickly. This can be even more significant if you spent months—or sometimes even years—waiting for your dream house to be built. And no matter how much hovering you did over the design plans or the construction site itself, there could still be construction defects buried in your home that no one is aware of until later. The hope is that they do show themselves before the warranty or statute of limitations for having them fixed expires. In California, that may be anywhere from two to ten years.
So, what happens that first time you are relaxing in the living room after a long day at work and you feel a drop of water fall onto your arm? Like most, you would probably hope you were imagining it, and as the rain subsided, you forgot about it. Until the next time it rained, and the leaks continued. At that point, you were probably on the phone to your contractor right away.
Most of us hope to work with the type of builder who will respond immediately when there is an issue in our home—and many construction defects will create a sense of urgency due to the potential for damage. Rainwater may be leaking onto your beautiful hardwood floors, seeping down the walls, and insulation in your attic may be soaked. Other issues altogether may have presented themselves from electrical problems and brownouts, to plumbing defects and overflowing toilets. There may be cracks in the foundation of your home, doors and windows may not open or close properly, and you may be worried about the structural integrity overall.
If your contractor does respond, by California law they have the right to examine the issue and then repair it. There are strict rules about how this must be done though with the contractor presenting his offer for repair in writing and then allowing 30 days for the homeowner to accept. If they do, the contractor generally has 120 days to repair the problem—and obviously it must be done so sufficiently, or further legal repercussions may occur from your end. If the contractor does not respond at all, the homeowner can proceed with litigation against the contractor. At that point, it is important not only to have complete documentation of the said defect, but also to have it examined by experts who can attest to the problem, whether it is due to a roofing defect where installation or materials were faulty, or perhaps something like a defect in the foundation where an accurate soil analysis was not performed.
You can find out more about your California’s laws regarding construction litigation here, as well as calling our office for help. Let us review your case and assist you in finding the quickest resolution possible. Please call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.