New Home Construction Warranty

[Scot]

Jurisdiction

Tennessee

My family took occupancy of a newly built home approximately one year ago. For the last two months we have been working with the builder to resolve warranty issues. One of them is a dominant musty smell in a handful of places in our house. My theory, which is supported by third party companies which can remedy the problem, suggest that the issue is moisture permeating through the ground up through the crawlspace and into my house. The house passed all inspections but a new house should not smell after one year. The warranty is not explicit to whether fixing this situation in included. They have made it clear through dialogue that it is not. I need to draw a line with them and either push them by legal means or walk away and fix the problem myself. The only item which may hold them accountable is the build plan. Within the foundation plan, it states that the builder will provide a moisture free environment. I do not know the binding nature of the plans.

Given this situation, it would be appreciated if someone with legal experience in this area could advise whether they believe I have a case I could win in small claims court.

 

[ElleMD]

You are going to need to take all the contracts you have with the builder to a lawyer to review. This is not something which can be accomplished online.

 

[army judge]

Small claims would be of little value to you.

You would be wise to first consult with a coup,e local attorneys.

I'd also have one of the firms that claims to clean up crime scenes or floods do an assessment of the problem to see if the cause can be isolated. You should also commission a written analysis of their findings.