Defect discovered after 7 years

[home_guy]

I am in Illinois and had my home built 7 years ago without any problems. About a year ago a crack appeared in my living room ceiling. Over the year the crack has gradually grown larger and one side has started to move downward. I have a home inspector review it today and he discovered that the joists in the ceiling were never nailed to the cross joist and are now sliding down.

I contacted the builder, since he is still building homes in the area, and he told me that it was not his problem and that my warranty had expired. He said he would send over someone to fix it at my expense if that is what I wanted to do. Do I have any rights here? It would certainly seem that forgetting to nail down a framing structure of the home would be a builders defect.

[JETX]

Originally Posted by home_guy

Do I have any rights here? It would certainly seem that forgetting to nail down a framing structure of the home would be a builders defect.

Actually, have some pretty good rights. The SOL (Statute of Limitations) for construction defects in Illinois is '4 yrs from discovery of defect and discovery within 10 yrs of substantial completion'.
I strongly suggest you get a local attorney to contact the builder on your behalf.

735 ILCS 5/13‑214:
Construction ‑ Design management and supervision. As used in this Section "person" means any individual, any business or legal entity, or any body politic.
(a) Actions based upon tort, contract or otherwise against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property shall be commenced within 4 years from the time the person bringing an action, or his or her privity, knew or should reasonably have known of such act or omission. Notwithstanding any other provision of law, contract actions against a surety on a payment or performance bond shall be commenced, if at all, within the same time limitation applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be brought against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property after 10 years have elapsed from the time of such act or omission. However, any person who discovers such act or omission prior to expiration of 10 years from the time of such act or omission shall in no event have less than 4 years to bring an action as provided in subsection (a) of this Section. Notwithstanding any other provision of law, contract actions against a surety on a payment or performance bond shall be commenced, if at all, within the same time limitation applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could not have brought such action within the limitation periods herein solely because such person was under the age of 18 years, or a person with a developmental disability or a person with mental illness, then the limitation periods herein shall not begin to run until the person attains the age of 18 years, or the disability is removed.

[home_guy]

That's good news. Thanks for the help!

[HomeGuru]

Nail that sob builder.