Q: house had ongoing leaking issue from builder and they never gave solutions for it, now the warranty past. What can we do
The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same builder and last repaired was around 2 years ago, somehow it happen again since last year around October and I contact them(builder) via email last year. After a long period of waiting time, finally I received a email yesterday(02/21/2023) regarding this repair and they want us to sign a document and in the document state that they will repair it one last time but if it happen again they won't be responsible for it. I still didn't get any solution/why it nonstop happen with the leaking issue. I felt this ongoing issue should be cover by the builder but they are not going to do so. Can I get a legal advice about this issue please?
A: I think you need a legal consult to discuss the specific facts, but, even before that, you need an independent expert engineer or waterproofing expert to identify the actual problem and estimate a fix. Signing something now might be the second act of a Greek tragedy.
A: Unclear what legal options you have since you say you are beyond the warranty period, but so long as you made the warranty claim within the waranty period, the ongoing failures to remedy the issue will act to extend that claim. Warranty clims are tricky and must comply with the notice requirements and claims procedures (often with binding arbitration requirements) contained in the writen warranty terms--so pull that out and read it over carefully. Ultimately, however, there is a 3 year statute of limitations issue to sue (which may be extended to run from the last date of the attempted repair), as well as a 10 year statute of repose that bars all claims after 10 years from substantial completion of the home. I assume this is a new construction and you were the first owner of the property? Or is this simply an after-purchased deck (not from the original builder of the home)? I agree you need to get another (MHIC-licensed) contractor out to identify the leak problem and provide an estimate of the repair cost. Also, outdoor decks are not usually designed to be water tight, so that will need further explanation, as it is unclear why this is an issue. Finally, the cost of repair is the measure of your legal damage claim, and whether that amount is worth your expenditure of legal fees to recover is something you will have to weigh. Contractors often drag out warranty repairs until the claims eriod expires, to avoid having to perform a more expensive redo of the job (if that is what is needed to fix the issue), so they may be running out the clock on you, or already have.
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