Can I have a case against my builder after 5 years for a water leak in my foundation?
Question Details:
Its been 5.5 years since I closed on a new home. I've had humidity/musty smells in a bathroom/walk-in closet in the house since I moved in, during the summer months. I had the builder come in and try to fix it in the first year with no success. I just learned that I have a water leak somewhere under the slab and suspect it's been the cause of the problem since day 1. If I have home damage (mold) and health damage due to the moisture/mold from the leak, can I realistically get the builder to pay for the repairs and any health problems?
Real Estate Law Answers
In most states,the statute of limitations for negligence is 3 years from the date of the occurrence. in this case, the ocurrence happened 5 years ago. therefore, you may be barred from suing the builder under a theory that he performed defective work causing you to have health problems (assuming that you can get a doctor to link the health problems to the builder's defective work). However, you may still be able to sue the builder for breach of contract inthat he failed to perform the contract per the specifications resulting in damages. I suggest that you hire a lawyer to review the documents you have in connection with the builder's work and have another builder come out to determine whether the builder did anything wrong. this will provide you with an idea of the strenght of your case.
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