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Four Years Structural Liability John Wheeler 08-21-2008
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Posted by Tony Hwang on August 22, 2008, 10:34 am


John Wheeler wrote:
> Or you could do all those things in tandem with news group posts as a
> means to solicit whatever help you can. Really, still looking for
> "help."
>
> Thanks
Hmmm,
Yup, El cheapo help. If it was a brand new house, I wouldn't have noved
in knowing there is a problem. May be you tried to build cheap?

Posted by John Grabowski on August 21, 2008, 8:38 pm



>I have a home that was built with a costly structural defect. One of
> the load bearing stud walls was built without adequate concrete
> footing.
>
> I contacted the home builder, who told me to contact a structural
> engineer. The engineer informed me that the home builder was liable
> for structural defects for four years after the home's construction.
> Can anyone point me to an online reference with this information or
> anything helpful.
>
> Thanks

Laws regarding this issue will vary from state to state as do contractor
laws. You could try contacting the state office (If any) that regulates the
contractors and builders. As someone else mentioned, your best bet is to do
an initial consultation with an attorney who specializes in construction
law. You can look online all you want and talk to plenty of civil servants
and get all kinds of advice from a newsgroup, but the one person who has
experience with the laws and issues will be a local attorney. Then you will
be well informed to decide how to proceed. Sometimes the laws are written
in such a way that you can recoup your legal fees.


Posted by Limp Arbor on August 22, 2008, 8:20 am


> I have a home that was built with a costly structural defect. One of
> the load bearing stud walls was built without adequate concrete
> footing.
>
> I contacted the home builder, who told me to contact a structural
> engineer. The engineer informed me that the home builder was liable
> for structural defects for four years after the home's construction.
> Can anyone point me to an online reference with this information or
> anything helpful.
>
> Thanks

Be prepared to make a lot of phone calls if you seek a lawyer. I had
a problem with a botched home inspection and called numerous lawyers
to no avail. They all either worked for the insurance companies or
din't want to get involved, no money in it. I guess slip & fall and
medical malpractice are easy money makers.

As was already suggested ask your engineer for the reference to the 4
year limit. Then call the builder and ask him to make good on his
product. If he refuses then get a lawyer, BBB and guvment agencies
are worthless.

You might also want to talk to your local building department and ask
for their help. I wouldn't offer the name of the builder or the
address of your house unless they seem like they are really going to
be helpful.

Good luck.

Posted by on August 22, 2008, 9:56 am


>
> > I have a home that was built with a costly structural defect. One of
> > the load bearing stud walls was built without adequate concrete
> > footing.
>
> > I contacted the home builder, who told me to contact a structural
> > engineer. The engineer informed me that the home builder was liable
> > for structural defects for four years after the home's construction.
> > Can anyone point me to an online reference with this information or
> > anything helpful.
>
> > Thanks
>
> Be prepared to make a lot of phone calls if you seek a lawyer. =A0I had
> a problem with a botched home inspection and called numerous lawyers
> to no avail. =A0They all either worked for the insurance companies or
> din't want to get involved, no money in it. =A0I guess slip & fall and
> medical malpractice are easy money makers.
>
> As was already suggested ask your engineer for the reference to the 4
> year limit. =A0Then call the builder and ask him to make good on his
> product. =A0If he refuses then get a lawyer, BBB and guvment agencies
> are worthless.
>
> You might also want to talk to your local building department and ask
> for their help. =A0I wouldn't offer the name of the builder or the
> address of your house unless they seem like they are really going to
> be helpful.
>
> Good luck.


Suggestion to contact the local building dept is a very good one.
They should have some familiarity with the state requirements for
coverage for defects. Here in NJ, it's generally 10 years for
structural defects.

I'd also consult a lawyer. Many offer free initial consultations.

Posted by dpb on August 22, 2008, 10:18 am


John Wheeler wrote:
> I have a home that was built with a costly structural defect. One of
> the load bearing stud walls was built without adequate concrete
> footing.
>
> I contacted the home builder, who told me to contact a structural
> engineer. The engineer informed me that the home builder was liable
> for structural defects for four years after the home's construction.
> Can anyone point me to an online reference with this information or
> anything helpful.

No can do other than to look for the applicable Code sections of your
State. Needless to say, as others have pointed out, getting
professional help in doing this is far more likely to result in a
successful conclusion both in time and likelihood of the proper outcome.

It is, of course, also true that one could start w/ the engineer who
told you this "fact" as to his source.

Following that, others have already mentioned the local building
regulation code enforcement folks (if, of course, you're in a place
where there is such an animal--where we were in TN code enforcement
consisted of leaving a bottle of Wild Turkey or other appropriate flavor
in the most obvious nook).

I'd only add that I would think your likelihood of success in pursuing
this is directly related to the integrity of the builder himself and
whether it was a simple mistake or a deliberate act. The strength of
the case could also be related to whether the building in question was
done under permits and w/ fully engineered and stamped plans or was
simply built from layout view plans as opposed to blueprints.

Far too much unknown and variables for usenet to be of any real use...

--

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