Real Estate Law

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Construction Law

There are many construction laws in place that detail what rights a builder and owner have. Construction laws include areas such as the year of the construction, designs, codes and more. Uncertainties of your rights related to construction law often lead to questions like the ones answered below.

What is the construction law in California for length of warranty?

California construction law requires a warranty for homes built after 2003 for structural defects for a period of 10 years. Contractors could still be held responsible for faulty repairs through a civil suit as long as the statute of limitations did not expire for the repair work. If the defect is due to the repair, then the statute of limitations would start over. However, the ten year statute of limitations is final if the defect is the same problem which was originally attempted in the repair. California has a ten year period as a cap.

I am living in a new construction apartment in NYC that is losing value due to the heating. The heating unit for 150 apartments is on the 2nd floor. When turned on it is very loud and heat barely reaches the first floor. What responsibility does the developer have to correct these issues?

Loss of value is not the responsibility of the developer, so he would have no duty to repair the issue. The developer is responsible for designs based on code, not for noise and lack of heat. You could have an inspector review the design and see if the heat unit was incorrectly installed or designed. If the inspector finds that it was incorrectly designed or installed then you would be able to request the developer to modify the design so that it is up to code. With that, hope that the heating issue be fixed as well. In short, if the code is not violated then the developer is not violating terms.

I live in Wyoming and bought a new construction home 2 years ago. I am preparing to put in a fence and a surveyor found discrepancies with my property lines. Upon further checks, my neighbor’s lines are also marked incorrectly. What would be my first course of action against the builder?

You would first want to contact the builder and see if they are willing to remedy the issue voluntarily with all homeowners involved. If they are not responsive then the homeowners would want to file a suit against the builder to compel the resolution of the problem. You would want the resolution so that there are no title issues going forward and to award the homeowners damages for any costs incurred due to the problem and its resolution.

The city I live in was doing construction and fixing the streets. Homeowners were asked to sign a temporary construction easement. This easement stated that my property would be left in as good a condition as existed prior to construction. What can I do if my property is now ruined?

There are two options that you could choose if they do not agree to put your property back in the same condition in which they found it. The first option is to do nothing. This would allow them to get away with destroying your property and decreasing its value. The second option is stand your ground. What they did was contrary to the temporary easement that you signed with them. Tell them that their refusal to stick to the agreement, destruction of your property, and refusal to repair the damages they did leaves you no choice but to take ask assistance from the court to protect your property.

Having the right information and understanding of construction law can help when dealing with questions regarding your rights with construction. Experts can help answer questions about construction law or construction contract law. Get the answers fast and affordably by asking an Expert online.
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