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Can I sue my house builder if defects in the construction of my home cause significant financial and emotional distress?
Homeowners have up to six years in many states to sue their builder for construction defects, starting from when the defect should have been reasonably discovered.
Construction defects can significantly decrease a home's value, in some cases by up to 10-25%.
Builders' warranties typically cover one year for labor and materials, two years for mechanical defects, and ten years for structural defects.
Suing a home builder usually involves multiple causes of action, such as contract disputes, tort claims, breach of warranty, and strict liability of the general contractor.
Homeowners can often sue individual officers or owners of a building company, even if the company itself is part of a larger organization.
In some cases, it may be strategic to sue both the company and an individual officer of that company when planning to sue a home builder.
To succeed in a construction defect lawsuit, homeowners must prove that defects exist, negatively impact the home, and result from the builder's negligence or breach of contract.
State regulations and consumer protections regarding residential construction contracts vary but often require builders to adhere to building codes and provide warranties on their work.
Homeowners can negotiate a repair or settlement with the builder, file a construction defect lawsuit, or pursue arbitration to resolve disputes with their builder.
Relevant state agencies often maintain resources and complaint processes for handling construction disputes between homeowners and builders.
Homeowners should consult their state's regulations to understand their rights and responsibilities when dealing with construction defects.
When presenting a claim against a home builder, homeowners should include all relevant information, such as their name, address, contact information, details about the problem, and a clear statement of what they want the builder to do and when they want it resolved.
Construction defect litigation often involves a breach of contract, such as breaking an obligation in the construction contract, not following purchase or sale documentation, or not following the escrow instructions.
Homeowners can hold New York home builders responsible for construction defects under the state's specific guidelines for when they can make a claim against a home builder who failed to deliver what was promised.
Homeowners can seek legal assistance from attorneys specializing in construction defects or real estate law to help them navigate the complex legal process.
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