Can I sue my builder for breach of contract and fitness for habitation?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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