MustangGuy347
New Member
- Jurisdiction
- Pennsylvania
A very long story short, I had a new home constructed and have had numerous problems with the home; many of which the builder has refused to correct, including my hardwood floors. Below are the key points:
· Construction contract was signed in Feb. 2015.
· Certificate of Occupancy was issued by the township on December 2015.
· Final payment was signed off on December 2015, a few weeks after the Certificate of Occupancy was issued.
· Within a few months of moving into the home, we noticed the hardwood floor was damaged and the floor was splintering at the edges.
· On March 2016, a flooring inspector (commissioned by the flooring manufacturer) came to my home to investigate the splintering of the floor.
· In April 2016, I informed my builder of the continuing splintering problem.
· The builder took little accountability for the flooring problem and blamed the material.
· In May 2016 I obtained a copy of the flooring inspection that was commissioned by the flooring manufacturer – which stated that the floor was damaged by the installer.
· In July 2016, some repairs were made on my floors (replacement of the most damaged floorboards) by the builder. The repairs were not satisfactory to me as the damage was widespread throughout my floor.
· Since my builder was giving the run around on replacing my floor, I commissioned another flooring inspector to review my floor in May 2017.
· The flooring inspector I commissioned confirmed that the floor was damaged during install and the only way to resolve the problem is to completely replace the floor.
· My builder continued to make repairs in my home from 2017-2018 due to pressure from my attorney but still would not fix the hardwood floors.
· I filed for arbitration in December 2019.
· Due to Covid-19 delays and other factors, the arbitration hearing is schedule for the end of the month.
I did not have an explicit warranty in my contract. Therefore, it is my understanding that in Pennsylvania the implied warrant is four years. I am assuming that the four years begins from the date that I take possession of the home. I filed for arbitration within four years of the Certificate of Occupancy being issued and within four years of my signing off on the final payment. However, I did not file within four years of signing the construction contact.
Is my understanding of the duration of the implied warranty being four years correct? Does the four years start once I take possession of the home?
I have also read some things that the problems with my floor may be considered a latent defect so the statute of limitations may begin from the time that I discovered the problem. Also, the fact that my builder made repairs to the floor may "reset" the statute of limitations.
From what I have gathered, in PA there is a four-year statute of limitations on contracts and a statute of limitations of 12 years after completion.
One of the arguments that my builder's attorney has made is that the two-year statute of limitations on negligence was expired. I am not sure how this applies in my case or if his attorney is just throwing stuff at the wall to see what sticks.
Any comments and suggestions are greatly appreciated.
· Construction contract was signed in Feb. 2015.
· Certificate of Occupancy was issued by the township on December 2015.
· Final payment was signed off on December 2015, a few weeks after the Certificate of Occupancy was issued.
· Within a few months of moving into the home, we noticed the hardwood floor was damaged and the floor was splintering at the edges.
· On March 2016, a flooring inspector (commissioned by the flooring manufacturer) came to my home to investigate the splintering of the floor.
· In April 2016, I informed my builder of the continuing splintering problem.
· The builder took little accountability for the flooring problem and blamed the material.
· In May 2016 I obtained a copy of the flooring inspection that was commissioned by the flooring manufacturer – which stated that the floor was damaged by the installer.
· In July 2016, some repairs were made on my floors (replacement of the most damaged floorboards) by the builder. The repairs were not satisfactory to me as the damage was widespread throughout my floor.
· Since my builder was giving the run around on replacing my floor, I commissioned another flooring inspector to review my floor in May 2017.
· The flooring inspector I commissioned confirmed that the floor was damaged during install and the only way to resolve the problem is to completely replace the floor.
· My builder continued to make repairs in my home from 2017-2018 due to pressure from my attorney but still would not fix the hardwood floors.
· I filed for arbitration in December 2019.
· Due to Covid-19 delays and other factors, the arbitration hearing is schedule for the end of the month.
I did not have an explicit warranty in my contract. Therefore, it is my understanding that in Pennsylvania the implied warrant is four years. I am assuming that the four years begins from the date that I take possession of the home. I filed for arbitration within four years of the Certificate of Occupancy being issued and within four years of my signing off on the final payment. However, I did not file within four years of signing the construction contact.
Is my understanding of the duration of the implied warranty being four years correct? Does the four years start once I take possession of the home?
I have also read some things that the problems with my floor may be considered a latent defect so the statute of limitations may begin from the time that I discovered the problem. Also, the fact that my builder made repairs to the floor may "reset" the statute of limitations.
From what I have gathered, in PA there is a four-year statute of limitations on contracts and a statute of limitations of 12 years after completion.
One of the arguments that my builder's attorney has made is that the two-year statute of limitations on negligence was expired. I am not sure how this applies in my case or if his attorney is just throwing stuff at the wall to see what sticks.
Any comments and suggestions are greatly appreciated.