What is the responsibility of a builder for a known and admitted structural defect?

Question

We moved into our home just over a year ago. This is a new home and was built one year prior to our purchasing it. The right side of the house holds two bedrooms and a hallway. The hallway has a severe dip in the floor that leads to one bedroom. The bedroom also has a severe lump in the floor. These items have been on the repair list since before we went to close on the house. We were originally told that there was a problem with the A-frame, a problem that could and would be repaired. This has not happened. The repair contractors have come out several times and attempted to repair the problem by shaving down the wood under the carpet and nailing the wood down so that the lump would no longer be noticable. However, none of these measures have proven effective. The defects remain and are still on the punchlist to be repaired. If the defects cannot be fixed, what is our legal recourse?

Answer 1

Laws on on construction contracts and warranties vary by state, so your legal remedy will depend on where you live.

It sounds like you have been reasonable by allowing the builder sufficient time to correct the defects. However, the reality is that most of the people answering questions in this form aren't even attorneys. My suggestion would be to contact a local construction attorney for a consultation. Most attorneys will give a free 30-minute phone consultation to a potential new client.

Answer 2

Did you pay in full? In many states, that lets the builder off the hook. The laws are inadequate! If you haven't paid, use the money to hire someone else to fix it, even though you may have to kick in even more, and not have the use of those areas for a while. That guy's not coming back. I've learned that one the hard way. :(

Make sure you take him to small claims court because they can render a judgement, even though he's not likely to honor it.