Do we have reason for builder to replace leaking windows fregarding a warranty to for an on-going problem?

We moved into our home almost 4 years ago; we had a 2 year fit and finish warranty. Within  the year our windows and slider in the unfinished basement leaked. After numerous warranty requests the builder kept coming back to patch the leaks with caulk. The windows were removed and re-installed. 2-1/2 years after we moved in the windows and slider were replaced. Now after 1 year and 3 months we have the same problem with the same windows and slider. We contacted the builder and were told we were out of our 2 year warranty even though it is an unresolved issue. Do we have a leg to stand on to have them replaced?

Asked on September 20, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If your home is a brand new home there most likely is a statute of limitations for latent defects to bring an action upon for new construction exceeding four (4) years. Likewise, given the work of improvement to the home assuming it was not brand new when you moved in, you might have a cause of action not barred by any four (4) year statute of limitations.

If new windows have been installed within four (4) years and they too have problems allowing water intrusion, the time to bring a lawsuit for defective materials and product runs from their installation.

You have a basis to keep after the builder to get the windows installed properly so they do not leak. I suggest that you consult with an attorney experienced in construction defect cases.

Good luck.

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