Our roof is 12 years old. Recently found leaks because of building defects, can we go after the builder ?

Asked over 1 year ago - Bellevue, WA

Another aspect of it is new construction is supposed to be certified by the city before they get a clearance certificate to move in, how come they did not notice anything and what can be done now?

Attorney answers (2)

  1. Michael Duane Daudt

    Contributor Level 11

    Answered . If the builder sold the house more than 6 years ago, you are too late to pursue a claim against the home builder. You can still go after the roofer if the roofer provided a warranty that was longer than 12 years. And if the roofer did not provide a warranty, or did not provide one that is still in effect, there is some possibility that the roofing product manufacturer provided a warranty that is still in effect.

  2. Michael T Millar


    Contributor Level 19


    Lawyer agrees

    Answered . I am not a Washington attorney, so I am not familiar with your local laws.

    However, I do quite a bit of real estate and real estate litigation back here in NJ. Here, a new homeowner's warranty (HOW) is required for every newly constructed home. However, the HOW warranty expires after 10 years.

    Also, although there is a statute of limitations for breach of contract, which may be extended through the "discovery rule" - construction projects are also subject to a "statute of repose" - which again limits claims to 10 years from date of delivery.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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