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

Attorney answers (2)

1. Licensed in WA

   

   Michael DaudtPro

   Seattle Construction / Development Lawyer

   Contributor Level 10

   

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   Answered January 03, 2013 20:08. 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.

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   Michael T MillarPro

   Toms River Litigation Lawyer

   Contributor Level 18

   

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   Lawyer agrees

   Answered December 31, 2012 11:27. 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.

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