What is my recourse regarding an improperly installed window?

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What is my recourse regarding an improperly installed window?

We have a leak in a second floor window. I have had several people look at it and most have said the wrap is probably not installed correctly and they would have to take the window out and remove bricks, etc. My insurance is not paying for it as they say it is faulty build. Is the builder still responsible for fixing it? What is the statute of limitations for a builder?

Asked on December 15, 2015 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If it was not built in a "workmanlike" fashion, there may have been a breach of the implied warranty of habitability and workmanship, and you could sue for the cost to repair for up to 6 years. But if the work was essentially done in a workmanlike fashion, but was still somewhat negligent (careless), you only have 2 years to sue. In your case, if the builder put in everything the window should have had, but some of the work was a little sloppy, it's probably basic negligence and it's 2 years to sue; if they ommitted to do something which any builder should know to do (e.g. didn't put in any home wrap or didn't extend everywhere it should go), that would be a 6 year period to sue.


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