Developer's Warranty

Started by BillL9 • 5 replies • 1519 views

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BillL9 (Pennsylvania)
Posts: 4

Posted:

Builder turned over the HOA to its Home Owners 16 months ago. Development is 100% complete. In the past few months, we began noticing construction flaws and defects caused by shotty construction in the common areas, storm water, etc. Although, all units, themselves came with a warranty - nothing in writing for the outside. Can we hold the Builder responsible for sinking concrete and storm drains collapsing?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

yes

get a GOOD attorney

good luck .... you will need it

CAVEAT EMPTOR

CarolR11 (Colorado)
Posts: 2,563

Posted:

Yes, get a construction defect attorney.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Yes and no...These should have been addressed at the turnover. Kind of like a "punch list" when you buy/sell your home. I can't say the developer/builder is responsible now that they are no longer part of the HOA. The common areas I would say could be too late. However, I don't know all the tems involved when it was turned over if it says they are obsolved once the owners took over.

Former HOA President

FredS7 (Arizona)
Posts: 927

Posted:

In at least one state (AZ) the builder can be pursued for some defects several years after construction. (I'm not sure what "several" is exactly but it is at least 5 years).

Consulting a lawyer is advisable, but you should also have a discussion with the builder (probably after compiling a complete list of issues). You may also be able to work through mediation. These are likely to be cheaper that going directly to a lawsuit.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Bill, certain defects have a short statute of limitations. You, for example, say that you & others have "noticed" certain visible defects. These are called "PATENT" defects and you must take action within 3 years of them first being observed.

Mediation might work, but you must be very careful that the 3 years don't pass. Other defects have longer statutes, but you need a construction defect attorney to work through this with you.

I'm not an attorney, but our developer sweet-talked previous boards into putting off any legal action, so the statues "ran" (out) on one patent defect before we newer board members were able to take action Luckily, the correct pre-litigation was begun before the other statutes ran.

The laws in your state may be very different than in CA, so you need legal advice.

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