Suing builder after warranty period expired

[conradsteve]

What is the name of your state (only U.S. law)? MD - Montgomery County
We moved into a newly built house in 2005.
We have just discovered that
1. All our windows were incorrectly installed/framed and they have now rotted and need to replaced.
2. The same with our garage door
3. The siding was not installed properly (no flashing or grouting at seams and nailed incorrectly)

The end result is that we have about $40,000 plus of repairs to do.

Montgomery County Consumer protection say that as the statute of limitations /warranty is 5 years, they cannot help us.

Can we sue, or take any action against the builders?

Thank you

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? MD - Montgomery County
We moved into a newly built house in 2005.
We have just discovered that
1. All our windows were incorrectly installed/framed and they have now rotted and need to replaced.
2. The same with our garage door
3. The siding was not installed properly (no flashing or grouting at seams and nailed incorrectly)

The end result is that we have about $40,000 plus of repairs to do.

Montgomery County Consumer protection say that as the statute of limitations /warranty is 5 years, they cannot help us.

Can we sue, or take any action against the builders?

Thank you

It's possible.

It seems that Maryland recognizes the Discovery Rule in construction cases, meaning the statute of limitations doesn't start running until you discover the defect.

This is not a do-it-yourself thing. You'll need a lawyer.

 

[MrJenkins]

What is the name of your state (only U.S. law)? MD - Montgomery County
We moved into a newly built house in 2005.
We have just discovered that
1. All our windows were incorrectly installed/framed and they have now rotted and need to replaced.
2. The same with our garage door
3. The siding was not installed properly (no flashing or grouting at seams and nailed incorrectly)

The end result is that we have about $40,000 plus of repairs to do.

Montgomery County Consumer protection say that as the statute of limitations /warranty is 5 years, they cannot help us.

Can we sue, or take any action against the builders?

Thank you

why did the home inspector you hired fail to find this information out?

 

[tranquility]

Look also to the Statue of Repose for the state.

 

[sandyclaus]

...We have just discovered that
1. All our windows were incorrectly installed/framed and they have now rotted and need to replaced.
2. The same with our garage door
3. The siding was not installed properly (no flashing or grouting at seams and nailed incorrectly)

The end result is that we have about $40,000 plus of repairs to do....

You moved into the property in 2005 - 7 years ago.

The windows/frames and garage door did not rot overnight. It takes time for these things to happen, and over the five-year period that the warranty is supposed to cover, you should have noticed something wasn't quite right. I, too, wonder about why these issues were missed on the inspection report.

Mitigating your damages comes to mind. Perhaps it WOULDN'T have been $40k in repairs had you seen the damage sooner. And 2 years earlier, you wouldn't even be asking about how to get your repair costs covered, since they would have taken place during the warranty period.

 

[conradsteve]

Thanks for your replies.

Stevef andTranquility I will look into getting a lawyer and will mention those 2 points.

Mr Jenkins. I have in my possession two inspectors' reports, one when we bought and one a year after. Neither mention anything about the window framing or siding installation.

Sandyclause. You're right. I should have noticed it. The truth be told, it wasn't even me who noticed it now. It was a builder who was putting up a deck for me that noticed it immediately.

Again, Thanks for your replies