My home is 7 years old. Here recently I have been forced to redo my shower due to poor tile work and grout work, this poor construction caused water to leak behind tile into the walls causing mold. When I hired a contractor to fix this he showed me many defects such as no liner on bottom of floor and improper backing on walls. I was also informed that not one wall in the shower was level or square at all. What can I do can I sue my builder
You may have a limitations issue. I urge you to contact a construction/real estate litigation lawyer as soon as possible to go over all of the specific facts of your claim.
Before doing anything, I would suggest you have a conversation with a knowledgeable real estate attorney. Many more questions need to be answered before proceeding. Additionally, there are very specific requirements that have to be followed when instituting any sort of lawsuit against a home builder. Failure to comply with the requirements will delay your case costing you unnecessary time and expense.
Use Avvo's Find a Lawyer tool to locate an attorney in your area. Initial consultations should be free and you can strategize and get a game plan in place. In my experience, this is not a DIY project, especially if you want anything to get accomplished other than wasting some time.
The information provided herein is not, nor is it intended to be, legal advice. It is for informational purposes only. No attorney-client relationship has been created and we have no obligations to you or your case.
You really need a construction attorney, who can investigate to determine whether the defects amounted to a breach of contract and were undiscoverable so that the discovery rule can apply.
For obvious defects, like the walls not being level, you are probably out of luck. The four year statute of limitations would have run on that claim.
But for hidden defects, you may still have a claim, as long as the defective work was not apparent, and constitutes a breach of contract.
So, retain a construction attorney who understands how the statute of limitations works with the statute of repose, and how a breach of contract can be subject to the discovery rule.
You may consider documenting the problem with photographs and writing to the builder to complain about how the defective work was hidden from you, and was unknowable until the defective work caused damage. A reputable builder may consider resolving the situation short of having to take legal action.
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