Buying a brand new home is exciting. It is also a major investment. If you have bought a home that you now realize has construction defects, my firm can advise you of your legal options. At North Raleigh Law, I advocate for North Carolina homeowners who have been harmed by faulty construction. Depending on the circumstances, I might be able to help you get the defects fixed or obtain appropriate damages from the liable party.
There are a variety of building issues that may warrant a new-home construction defect claim. They include the following:
As an attorney with substantial experience handling faulty construction claims, I can investigate the cause of the specific problem and work to negligent individual or business accountable.
When you buy a new home in North Carolina, there is an “implied warranty” that the home will be built in a workmanlike way, free from major structural problems and suitable for habitation. Because specific defects are not listed in this warranty, courts frequently decide whether a specific claim is covered under the warranty. If you don’t believe the builder met its obligations to you, my firm can outline your legal options and assess if a judge might agree that the implied warranty was violated.
If your builder won’t honor their warranty or no express or implied warranty covers the specific problem, you may be able to file a breach of contract claim against them for not providing you with the home you expected under the terms of the contract. There is generally a three-year statute of limitations for filing breach of contract claims, unless the defect could not reasonably have been discovered within that timeframe. Do not delay in getting legal guidance if you are not getting satisfaction from the builder in correcting your home’s defects.
To prove a case of negligence against a builder, you must show that the company failed to exercise the correct standard of care. Proving negligence can be a complex process and requires strong evidence of the defects and that you suffered financial harm because of them. I have extensive experience proving negligence in construction disputes and will work hard to seek a favorable verdict or settlement.
When a problem occurs, I will review your contract to see if it contains a dispute-resolution clause that mandates mediation or arbitration. If you are not bound to one of these dispute resolution methods, litigation might be an option. No matter how your case is handled, I will strive to achieve the result you seek. In North Carolina, there is a six-year statute of repose in construction defect lawsuits. This means that even if the defect was not immediately discoverable, a suit cannot be filed more than six years after the builder worked on the defective area of your home.