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

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?

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Attorney answers 2


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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


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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