With construction of new homes on the rise in the areas surrounding Raleigh like Wake Forest, Morrisville, and Apex (as well as surrounding counties like Johnston, Franklin, Granville, Chatham and Lee Counties) along with continued refurbishment to older homes (for example in the ITB section of Raleigh), it is important for North Carolina homeowners to understand their remedies against construction companies and contractors for their defective construction and low-quality workmanship. It is similarly important for contractors to understand the significance of their warranties and what obligations they might have to make repairs on their work under North Carolina law. If you are a homeowner seeking to have defective repairs fixed or a contractor whose quality of work has been challenged, submit a new case inquiry here.
North Carolina provides remedies for defective construction, including design flaws, and for breach of any warranty given by that contractor. Warranties are not limited to a typical “repair warranty,” where the contractor agrees to fix the problem. They involve any promise relating to the good – such as a description of the goods or a sample/model — that caused the purchaser to agree to the contract. They also involve the warranty of habitability, that the home or building will be suitable to live in.
There is some question as to how valuable a lifetime warranty is in this state. The North Carolina Court of Appeals has ruled that a homeowner cannot bring a lawsuit for defective construction to real property improvements if the lawsuit is filed more than six years from when the work was completed, unless there was fraud. This bar to recovery exists even if you were not able to determine that there was a problem with the work until more than six years from the point of performance and even if there was a warranty that extended beyond six years. North Carolina courts have ruled that even a twenty year warranty is only good for six years in North Carolina, in terms of recovering damages.
If you are a homeowner or condominium owner with issues relating to defective construction or repair contact the Raleigh construction lawyers at Maginnis Howard. Maginnis Howard also represents contractors in disputes with homeowners when insurance coverage is not involved. Our lawyers handle defective construction disputes in Raleigh, Cary, Apex, Morrisville, Wake Forest as well as the counties surrounding Wake County such as Johnston, Franklin, Granville, and Vance County. For surrounding county cases, we are happy to come to you to meet if you do not want to travel to our office in Raleigh. Contact the firm at (919) 526-0450 to schedule a free initial consultation or submit a new case inquiry here.