WARRANTY

[REDD]

I purchased a very expensive home in July 1999, the builder was a pain from the start. At closing there was a lot of things wrong and noted on the walkthrough, the most important, the plaster and the paint job was awful. I submitted a list and some of things were fixed.At their request i put together a 6 month list and was told i might as well wait for the 1 year list and submit it then,so, that's what i did. We had a lot of scheduling problems, so some of the things were fixed but the house was never repainted. In Sept 2000 I was ill and I received a letter from the builder stating that the work needed to be done and i should call their office by 10/6/00. I totally forgot about the date and called them on 10/7/00. I was informed that the work would not be done because I didn't meet the deadline. There was nothing in the letter that said if I didn't contact them by that date, the work would not be done at all. CAN THEY LEGALLY DO THIS? I've got blotches all over my house.

 

[HomeGuru]

No, the builder can not do that and the words and actions are typical Builder speak and MO. On a warranty claim proper notice is established via the date of discovery and notification to the builder of a defect and not based on the date as to when you call to have the previously noted repair completed. Tell the builder they are full of BS and you are going to sue them for breach of contract and breach of warranty. When you complete a walkthrough punchist you must demand that those items be fixed within a reasonable time period say 2-4 weeks. DO NOT and NEVER EVER agree to pend the items for a 6 month then a 1 year punchlist. The builder is just playing games and trying to stall and weasel out of their contracted responsibilities.
File complaints with the State Contractors Licensing Board, BBB and the Office of the Attorney General.