With all the new housing construction that occurred over the last few years preceding the current housing crisis, many homeowners found mold throughout their homes due to the presence of multiple water intrusion sources. Mold in the home affects all types of homeowners without any type of discrimination in the value of the house. Our firm has seen water intrusion sources stemming from roofing problems, door and window problems, air conditioning problems and sloping problems on decks and on the ground that caused water to flow back toward the house. Of course, this list is certainly not exhaustive. However, if there is a viable claim against a home builder/developer, a homeowner must be cognizant of the fact that there is a statutory process that must be undertaken (with limited exceptions) before filing suit against the builder. There is also some question as to whether this same pre-suit process applies to a builder’s subcontractors (with whom the homeowner has not directly contracted with) which may affect a homeowner’s ability to file suit against that entity. On the other hand, this pre-suit process often leads to resolution of claims without the need to file a lawsuit. The homeowner must be aware that this process can be very difficult to navigate (and also leads to other issues such as whether the homeowner may be required by the builder to release all claims that they may have against that builder). As a result, a homeowner must carefully consider whether their potential claims should be limited to the builder only or should be made against both the builder and its subcontractors. Likewise, the homeowner should carefully consider the potential legal pitfalls that could occur in this pre-suit process.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.