Why should I worry about construction problems when my builder gave me a warranty? | Steinberg Law Firm

Why should I worry about construction problems when my builder gave me a warranty?

In our experience, the written warranties provided by builders cover very few of the many problems that can exist in a new home, townhome, or condo. These warranties are often written very narrowly and unfairly to cover as few of the potential problems in a home as possible. For example, the 10 year “structural” warranty in many builders’ warranties often does not cover many issues that are plainly structural issues.

When a builder does respond to a warranty request, the builder often just takes a Band-Aid approach trying to do as little work as possible to make the homeowner go away.

Crack in concrete with Band-Aid on top royalty-free stock photo

In responding to a warranty request, the builder may not deal with the underlying problem. The warranty may provide that the repair for a problem is a temporary or cosmetic repair—like painting over a crack or placing sealant at a leak—when the real problem is more serious and requires more serious repairs. These temporary or cosmetic repairs can actually worsen the problem by allowing it to continue. We have also seen numerous instances where a builder claims to have fixed a problem, and the problem later reappears.

Also, if the builder was the one who did the work improperly the first time, it may not make sense to trust that builder to do it right the second time.

Finally, builders have a history of ignoring warranty claims or delaying dealing with them. Because the law provides time limits on how long a homeowner has to bring claims against a builder, homeowners should not just wait around for a builder to do the right thing and fix a problem.

For all of these reasons, it is usually smart to consult a lawyer to see what legal options exist to address a construction defect other than relying solely on the builder’s written warranty.


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