Is there a legal recourse we can take against a builder for bad workmanship once our warranty has expired?

We bought our house 4 years ago and 11 months later had some water seep into our house. We were told that the flooding was due to little micro cracks in the outer stucco. The water settled between the foam and poured concrete of the wall and the water settled downward and sipped through into the house. The builder supposedly fixed the problem and repainted the house. Almost 3 years later, it rained again for a few days along with steady winds. We started to notice wet spots on the carpet.

Asked on October 18, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In many states the homeowner of new construction can bring an action against the builder or developer for latent (hidden) workmanship that manifests itself several years after the new construction has been completed even though the builder's warranty may have expired.

In California, the time period is a maximum of ten (10) years after the construction has been completed. Potentially your claims against the builder might not be time barred by the statute of limitations if you recently discovered the water intrusion issues and your state might have a similar time for a staute of limitations for latent defects of new construction.

I recommend that you consult with an attorney who practices construction law.

Good luck.

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