QUESTION
Do I have a case if outside home damage caused by home builder using MDF board for trim?
Asked on Sep 13th, 2013 on Personal Injury - New York
More details to this question:
My home was built in 1997. They apparently used MDF board for the trim and now after rain and snow, the board is rotten and needs to be replaced around window and garage. I have had 3 contractors that tell me this type of board should not have been used outside. It has gotten wet from rain/snow and is causing mold and carpenter ants. I have contacted my home builder and was told it was from improper up keep. My home has been painted 3-4 times within the 16 years. I feel this should be repaired by them and they state I have structural warranty and this trim is not structural.
5 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Do you realize how many years have passed since 1997? Home warranties usually are for a year or so, not for a lifetime.
Answered on Sep 16th, 2013 at 3:15 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you are in SC, unless the builder gave an express warranty, it is too late to bring and action for defective construction. Several years ago, the legislature passed a law limiting the time to bring a lawsuit for defective construction to 8 years, regardless of when it is discovered. This is a part of political movement known as tort reform that is supposedly aimed at getting rid of frivolous lawsuits. Most of my non-lawyer friends believe tort reform is a great idea and is needed. I try to tell them that tort reform does not stop frivolous suits. Rather, it prohibits people who have just claims from bringing them. The problem is, only lawyers seem to understand this, but no one wants to listen to us until tort reform prohibits them from bringing a claim that is just. If the builder gave an express warranty, then it depends on the number of years the warranty is for, and what is covered. The builder has suggested to you the warranty covers structural issues and this is not covered. You need to get a copy of the warranty and read it. If it covers only structural damage, see if the contract defines this term. If it is not defined in the contract, then you might look to how this term is used in the building industry. You could ask the builders that have told you the wrong material was used if this would be considered structural.
Answered on Sep 16th, 2013 at 3:14 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Report the builder to the Better Business Bureau and get a lawyer and sue them.
Answered on Sep 16th, 2013 at 3:13 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The contractors are absolutely right. Your problem is going to be with Statute of Limitations, which is 4 years for breach of warranty and 6 years for breach of contract. See a lawyer in your area, maybe you could make a case for fraud, and the limitations period on that is 6 years, or 1 year from the date the fraud could reasonably have been discovered.
Answered on Sep 16th, 2013 at 6:11 AM
Ronald A. Steinberg
If you can find an expert to testify for you, then do it.
Answered on Sep 16th, 2013 at 6:11 AM