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When may I sue a Kentucky home builder for construction defects?

On Behalf of | Feb 11, 2022 | blog, civil litigation | 0 comments

Kentucky’s statute of repose allows lawsuits for construction defects after your home’s completion. The law, however, requires notifying the builder and explaining the defects in writing. You must give a builder an opportunity to address the defects before filing a legal action.

The Kentucky Legislative Research Commission’s website notes that builders must receive information describing the defects. A builder may then fix or repair them or offer to pay for damages. If a builder fails to respond to your notice, you may proceed with a lawsuit.

What defects may require notifying a builder?

Before moving into a new home, builders and buyers conduct inspections. In some cases, flaws go unnoticed until the new homeowners have settled in. As noted by Bankrate.com, commonly reported defects include plumbing issues and problems with fixtures. Many homeowners call the builders to provide minor repairs.

A severe flaw, however, may lead to major problems when left ignored. If you see mold, cracks or structural damage, a builder may have used shoddy materials. You may notify the builder and include descriptions of visible damage to the wood, stone or sheetrock used to construct your home.

How may I find symptoms of a structural flaw?

According to the National Association of Homebuilders, one-quarter of new homes will experience defects. Problems could develop from water-related issues, which you may not discover right away. It could take heavy rain or snow to become aware of a faulty roof.

Basements and crawlspaces may collect water, which could reflect drainage issues. A builder, for example, may not have installed drains and gutters correctly. Moisture around doors and windowsills may also reflect poor insulation.

Buyers of custom properties have a right to file lawsuits over construction defects. When you discover flaws after moving in, you may seek relief for damages.