Can I sue my builder for breach of contract and fitness for habitation?

UPDATED: Sep 30, 2022

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Can I sue my builder for breach of contract and fitness for habitation?

I along with my family have lived in this home for a little over 5 years. This
was a new construction but we never anticipated so many problems. We have cracks
in the ceiling around the crown molding, electrical/wiring problems with lights
where they won’t work, hard wood floors popping, plumbing not to code and issues
with toilets, doors not properly shutting, locks not working, hot water heater
not to code, siding on the outside of house coming off, ventilation problems in
certain rooms where air/heat flow not properly circulating, badly installed
insulation, standing water in the back yard, the list goes on and on. I am not
the only buyer in the neighborhood that is having similar or even worse problems.
I was wondering how can I sue this builder and get out

Asked on December 14, 2016 under Real Estate Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The issues you describe are ones that you can sue the builder for: you can can potentially recover monetary compensation for defects in design or construction. (It is unclear what you mean by "get out," however.)
The potentail problem for you, however, and it is a significant one, is the "statute of limitations," or time within which you must initiate or file a lawsuit; if you don't file your suit in time, you are forever barred from doing so. In your state, for construction defects, the stautory period is only 2 years from when the defects were, or reasonably *should* have been, discovered, under Section 6-5-221 of your state's civil practice code. If you've lived there 5 years and you became of construction defects more than 2 years ago (so, within 3 years of moving in), it may now be too late to sue. If you wish to explore the option of suing, consult with an attorney about filing a lawsuit *immediately*, before any more time passes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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