When you purchased a newly built home, you have certain expectations that the home will not fall apart. In Pennsylvania, state law against construction defects protects homeowners even if the warranty companies and builders ignore them.
For example, a homeowner will have a claim against builders even after defects are discovered three years after purchasing a home.
Two warranties generally apply for construction defects in Pennsylvania:
- Implied warranties of habitability
- Warranty of reasonable workmanship
The implied warranty of habitability guarantees that your home is fit for living, in which, at the minimum, it has running water, plumbing and electricity.
Under the implied warranty of reasonable workmanship, the builder is obligated to construct the house in complete and professional manner. The home is not made on the cheap and that it will withstand normal weather conditions.
Sometimes, the builder will spell out the warranties in the contract. If contract clauses are broken, then there will be a breach of contract claim.
For example, the builder may guarantee that there is running water through each of the 3 bathrooms in the house. If the pipes burst in one bathroom and the water supply cannot be fixed, then there may be a breach of contract claim.
If the builder did not construct the home according to plan and that resulted in a defect, then you may have a negligence claim against the builder.
Further, if the inspector was negligent in inspecting your home for habitability as required by law or if the inspector negligently failed to report the defects, then the inspector may be liable as well.
Under Pennsylvania law, the statute of limitations is 12 years from the date of construction to file a claim for construction defects.
If you discover a construction defect on your newly built home, then you should consult a real estate lawyer in Pennsylvania. He will help you strategize and remedy your lost.