October 3, 2004 - Before taking possession of a new home, check that upgrades or
specially selected components such as cabinetry, hardware and flooring
have been installed.
Do a thorough final inspection: Fill sinks with water and look for
leaks. Flush toilets. Test electrical outlets. Run heating and cooling
systems, and check that doors are wide enough to accommodate home
furnishings and major appliances.
Minor cracks in concrete and drywall and wall blemishes are fairly
normal in a newly built home, said H. Alan Mooney of Criterium
Engineers. However, because 90% of defect claims involve water leaks,
buyers should scrutinize windows and doors -- especially any that
don't open and close properly -- and look for stains near windows or
on the walls. Experts cite aluminum windows and French doors as
commonly defective products.
If a problem surfaces, document and date anything questionable with a
video or digital camera, call the builder, send a certified letter
requesting corrective action and be persistent.
Nine of 10 California homes are sold with a one-year warranty that
covers major systems (heating, electrical and plumbing), reports the
Home Warranty Assn. of California. But buyers with warranties should
familiarize themselves with what's covered. Some problems take time to
surface, so inspect the home about one month before the policy
expires.
Manufacturers offer additional warranties from two to 10 years. But
because most coverage doesn't extend to secondary problems -- water
damage caused by a roof leak, for instance -- major construction flaws
can result in premium hikes and canceled insurance coverage for
homeowners, said attorney Thomas E. Miller, co-author of "Home and
Condo Defects: A Consumer Guide to Faulty Construction."
State laws offer further warranty protection in 21 states. For homes
sold after Jan. 1, 2003, California's "fix it" law stipulates a
10-year statute of limitations for construction defect claims against
a builder, with shorter periods for paint and finish (one year from
close of escrow).
The law provides a 14-day window for the builder to respond to the
owner's documented complaint and establishes guidelines for
inspections and repairs. If a builder fails to meet a deadline or fix
the defect, the owner can sue.
Contracts that require buyers to agree to binding arbitration -- a
mediation process that offers no right of appeal in the event of
dispute -- have become standard during many sales.
Miller recommends buyers check with a lawyer before they negotiate
with a developer, sign away rights or release the builder from further
liability for specific flaws or future defects.
"The unsuspecting homeowner may not appreciate how sweeping these
releases are," he said. "And if homeowners are going to pursue the
builder five years down the line, when some of the bigger issues come
up, they may be out of luck."
© Copyright 2009 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
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