Can a 1 year builder’s warranty be extended for a construction error?

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Can a 1 year builder’s warranty be extended for a construction error?

We have a home that is 5 years old. There is significant water damage under the door on the outside of the home and structure is rotting under the doorway. Likewise, the deck is pulling away from the house and the door structure itself is warped. We had an engineer come to evaluate the damage and he determined that is was building error. The contractor claims that there is a one year warranty for the inside and outside of the home – period. Is this true if the damage is due to construction error?

Asked on May 9, 2011 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A warranty is a creature of contract--that is, it lasts for as long as its terms specify.

However, that does not necessarily mean that you cannot sue the builder on one or another grounds. For example, if he didn't do what he was contracted to do, you may be able to sue for breach of contract. If his construction was negligent or careless, that might afford  a basis to sue. Or if he made material misrepresenations about the home, you be able to sue for  that reason. You should consult with an attorney, bringing with you the warranty, the engineer's report, and any/all contracts and other documentation or correspondence germane to the situation. Good luck.


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