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One way to protect yourself is to only deal with reputable home builders and developers that have been building homes in the area for awhile and have an established relationship in the community. Check out the builder/developer's reputation and see if any complaints have been filed against them with the better business bureau. Find out what percentage of their homes are finished on schedule, and if they were within budget. Educate yourself to recognize shoddy construction. By taking a pro active role in the construction of your home, you can help to minimize any problems.
It is important to contact a construction attorney if you have a problem with a home builder/developer construction breach of contract matter. An attorney can negotiate a resolution with the builder/developer or file a lawsuit on your behalf. The attorney is experienced in the law and can advise you regarding your legal rights and remedies.
If the home builder or developer goes out of business, you may be able to recover damages from their insurance company. If you put a deposit down on your new home, and the home was not completed, you may be entitled to cancel the contract and get your deposit back from the builder/developer.
It is recommended that you speak with a construction defect attorney to find out your legal remedies and rights. The attorney can help you determine who may be negligent in causing the defect, file a lawsuit on your behalf against the negligent party and defend you in court.
If you discover a defect, you should immediately obtain a professional opinion as to the nature of the defect and the costs to repair it. Serious defects must be taken care of properly, or they can lead to further harm or damages to your property and affect the safety of your family.
Lawsuits against home builders/developers occur frequently when a construction defect is discovered by the homeowner after the sale of a home. A construction defect is considered workmanship that does not meet reasonable industry standards. The most common types of defects occur from design, materials, substandard workmanship or soil or geological problems. The nature of the defect can affect the value of your home and will determine the amount of damages you may suffer. If you discover a defect, you should immediately obtain a professional opinion as to the nature of the defect and the costs to repair it.
Statute of Limitations. The statute of limitations is the time in which you legally have to make a claim against the builder/developer. Suits for damages need to be brought within reasonable time limits.