• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sue for Home Warranty violation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Dan_in_CT

Junior Member
What is the name of your state? CT

I had a home built in CT that closed on March 18, 2002. State of CT law says that the builder must provide a one year warranty. Throughout the warranty period I contacted the builder several times via phone, fax, and mailings with lists of warranty items that needed to be addressed. At one point I received a letter from the builder's attorney addressing my items and setting up a plan to have them taken care of. I was never contacted again and the work was not done. About 6 weeks before the warranty period expired I sent the builder and his attorney each a 62 page document specifically describing the warranty issues and provided color photos of each item. Those were sent via Certified Mail and I have those receipts.

The warranty period expired 03/2003 and none of the work was done. I had contractors come and give me written estimates to do the work. Based on those estimates I want to sue the builder. The amount is about $10,000. without court or attorney's fees added in.

My question is:
This seems pretty straight forward. Can I take this on Pro Se? I have no idea how to file a Civil suit. I found the forms online but it seems that they are supposed to be filled out by an attorney or the court clerk. How do I initiate this lawsuit if I go it alone?

**Most importantly, what are the statute of limitations which I can file this suit?

Thank you in advance,
- Dan
 


HomeGuru

Senior Member
Dan_in_CT said:
What is the name of your state? CT

I had a home built in CT that closed on March 18, 2002. State of CT law says that the builder must provide a one year warranty. Throughout the warranty period I contacted the builder several times via phone, fax, and mailings with lists of warranty items that needed to be addressed. At one point I received a letter from the builder's attorney addressing my items and setting up a plan to have them taken care of. I was never contacted again and the work was not done. About 6 weeks before the warranty period expired I sent the builder and his attorney each a 62 page document specifically describing the warranty issues and provided color photos of each item. Those were sent via Certified Mail and I have those receipts.

The warranty period expired 03/2003 and none of the work was done. I had contractors come and give me written estimates to do the work. Based on those estimates I want to sue the builder. The amount is about $10,000. without court or attorney's fees added in.

My question is:
This seems pretty straight forward. Can I take this on Pro Se? I have no idea how to file a Civil suit. I found the forms online but it seems that they are supposed to be filled out by an attorney or the court clerk. How do I initiate this lawsuit if I go it alone?

**Most importantly, what are the statute of limitations which I can file this suit?

Thank you in advance,
- Dan
**A: Dan, you're simply not the man. Bro, hire a construction defect litigation attorney.
 

AmosMoses

Member
Dan...

...I know that you have heard the old maxim "The man who represents himself has a fool for a client"...it's very true, and that's even if he is a LAWYER! With all due respect, that is a fine way to take a very good case and turn it into something that you find on the ground in a hog pen. Judging solely by what you posted, it does in fact sound as though you have sound legal footing, but it would be in your very best interest to take HomeGuru's advice to heart. Hindsight is 20/20, and what looks easy now could only be fully appreciated after the fact. . .don't look back and say, "Man, if I had ONLY hired a lawyer I would have won this thing!!" If you are still in doubt about that, take a day off of work and go sit in on a trial and honestly decide if you think that you could keep up with what is going on, keeping in mind that there is a mind-boggling amount of prep that these professionals go through to get themselves into the position that they are in when they are in open court. Don't make the mistake of looking at a Petition for Damages and thinking "I could do that", and believing that it is in any way the "hard part".

Another thing to keep in mind is that there is likely more to this warranty law that you are referring to than meets the layman's eye. You need someone who is really familiar with it, hence HG's very sound advice of hiring a CONSTRUCTION DEFECT LITIGATION attorney as opposed to just an attorney. Best of luck to you.
 

Dan_in_CT

Junior Member
Thanks guys, I have been talking to some attorneys and at this point it seems to be a cost issue. Many won't take on my case for economic reasons. Meaning the payout is too small compared to the required fees.

I'm still looking though.

Oh, I did find out that the Statute of Limitations is 2 years from closing, which means I have to get my butt in gear and get this thing in by the 18th of this month! :eek:
 

stephenk

Senior Member
read the warranty paperwork. I bet there is a provision for attorney fees and costs for a prevailing party on a dispute involving the warranty.
 

Dan_in_CT

Junior Member
The warranty is applied by the state of connecticut. I will have to contact someone to try to find out that information.

One other question:

So far, given the attorney's fees and input they have given me, it may not make economic sense to go with a regular docket lawsuit.

Is it possible for me to split up my issues into multiple small claims suits?

For example:
One small claims suit for the faulty driveway.
One small claims suit for the painting repairs.

Or do these fall under one category and I wouldn't be able to do that.

Thank you,
- Dan
 

Dan_in_CT

Junior Member
After doing some research, I think I may be able to do what I mentioned above.

I think it may depend on how I file the small claims suits. If I were to file a claim and address my complaint as "Defaulted on Warranty", I would only be able to file one claim.

But if I were to file one claim and address is as "Driveway Repairs", and attach my photos, estimates, etc. Then file another and address it as "Painting Repairs", and attach my photos, estimates, etc.

I could probably do this since they are separate items. Once in court I could bring up the fact that the work was supposed to be done under warranty and never was. Of course having all of my supporting documentation for that. Certified mail receipts, etc.

Do you think I could do this?

- Dan
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top