contractor bailed out

[bagged123]

What is the name of your state? CT
My house was built almost 2 yrs ago now. The contractor still has not fixed the items on our initial walk through of the house before closing. We have called pretty much on a monthly basis to get a status on when they are fixing the items. We have sent list after list of items, and even sent 3 of them certified so i know they got them. He claims he never got the lists we sent. Now, we're going on 2 yrs now and nothing has still been fixed and the builders warranty ran out. Is there anything I can do legally to get the items fixed?

 

[JETX]

Depending on the specific time, it is likely that the contractors liability has expired (Statute of Limitations).

If you are going to pursue this, I suggest you contact a local attorney TODAY!!! Let him/her review your facts and see if the SOL has 'tolled'. If not, it sounds like only a lawsuit is going to get the contractors attention.

 

[HomeGuru]

What is the name of your state? CT
My house was built almost 2 yrs ago now. The contractor still has not fixed the items on our initial walk through of the house before closing. We have called pretty much on a monthly basis to get a status on when they are fixing the items. We have sent list after list of items, and even sent 3 of them certified so i know they got them. He claims he never got the lists we sent. Now, we're going on 2 yrs now and nothing has still been fixed and the builders warranty ran out. Is there anything I can do legally to get the items fixed?

**A: the expiration of the contractor's warranty does not automatically extinguish liability due to several reasons.
1. the contractor was notifed in writing as to the punchlist of items that need repair prior to the expiration fot he warranty.
2. the writer also has implied warranties in addition to the implied warranties. State and Federal law may also give the consumer additional warranties such as the warranty of habitabilty, fitness for a particular purpose etc. Additionally, there may be a warranty provided by buidling material manufacturers that go beyond the contractors' warranty.
For more info check out and search warranties at: www.hadd.com.
www.hobb.org and www.ftc.gov
Jetx is correct in that you need to hire a real estate or construction defect litigation attorney right away.

 

[JETX]

Maybe I should have clarified that this liability under the warranty MAY have expired.

And HG is correct, it is POSSIBLE that your actions may have extended the warranty obligation (under Moss-Magnuson). As noted in my post, the issues of what, if any, rights you have will require a review of the facts by a local attorney.

 

[HomeGuru]

Yes, writer, study the MM Act.