If you decided to build your dream home or purchased a newly constructed home, you have certain protections should you discover defects in workmanship and faulty home construction. It is understood that you purchased the home in good faith, meaning you expected the builder to provide a sound structure with everything in working order.
However, not all homes are built equally. Sometimes, the builder will opt to use lower-quality materials to turn a higher profit or meet construction deadlines. In other cases, the defects could be a result of improper installation or lack of experience by the workers who built the home.
Most builders typically provide some sort of new home limited warranty. These are normally included in your purchase agreement. Sometimes you are given specific “certificates” at closing for covered items. It is your responsibility to read through the warranty terms and conditions to know what is and is not covered.
In addition, you need to know how long each item is covered. Many builders will cover a wide range of items for a one-year period. After that, the warranty becomes more limited, with certain items only covered for five years, and structural components covered for up to ten years.
Even if your builder did not provide you with any warranty details in your purchase agreement or at closing, homeowners are afforded some protections, thanks to Florida case law. Florida courts have determined that builders have a duty to provide warranty protection on newly built homes.
Do I Need Homeowner Representation to File a Claim?
There are specific deadlines for filing a claim against the builder for defects discovered within your home. Once you discover a defect, it is important to notify the builder fairly quickly following the proper claim process.
Some builders will require you to also mail them a letter expressing what is wrong, even if they have a phone number to call. When you make a claim against the builder, they will want to do an inspection to verify they are, indeed, responsible for the defect.
If they are, then they submit a claim to an insurance company that provided the warranty coverage to cover the costs of repairs. Since each builder can have different processes and procedures, it can be a good idea to seek homeowner representation from a qualified lawyer.
What if My Builder Is Giving Me a Difficult Time?
In some cases, homeowners can find it more difficult to get repairs made. The builder may not return phone calls or may ignore your request. The builder may have even have gone out of business. In addition, the insurance company that issued the warranty may look for “loopholes” so they won’t have to pay for repairs.
Dealing with a builder and an insurance company on your own might not give you the results you wanted, let alone fair compensation for defects to your new home. It is for these reasons you should consult with a lawyer at Silver, Bass & Brams to see if you need builder warranty insurance claim help. Please feel free to contact us at 1-888-897-1786 today!
