Can You Sue a California Builder for New Home Construction Defects?

Many new homeowners are disappointed when they find flaws or construction defects in the design of their new home. You do have options if you find such defects and can even have your home repaired.

Hire an Independent Expert

If you believe you have found a design or structural flaw, you should hire an independent contractor, inspector, or other experts to investigate the problem and document it. You yourself should take note of potential problem areas by recording the date, circumstances, and any other details pertaining to the defect.

Provide an Opportunity to Fix the Problem

Builders need to provide new homeowners with a warranty to complete certain things such as cabinets and flooring which should last at least one year after escrow closes. You should give the builder the opportunity to fix the problem and only if this attempt fails to fix the problem, you can begin a lawsuit within the year-long time frame.

You may be required to seek mediation or arbitration before you can file a lawsuit against the builder where you will meet with the home-builder outside of court with a mediator and discuss your issues.

Oversee Your Repairs

Other times, the development will offer to make the necessary repairs to bring your home up to code at which point you should not proceed with filing a suit against them. You may wish to hire an expert to oversee these repairs and ensure the repairs are made correctly.

You can pursue litigation for a breach of warranty if the builder refuses to make repairs or makes insufficient repairs.

This process can be complex so make sure you retain a Los Angeles real estate and construction law attorney who can protect your interests and rights when you purchase a home. Call Attorney Steven R. Lovett today!

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