Builders who construct new homes usually provide a one-year written warranty through which they agree to correct construction or cosmetic workmanship deficiencies.

In most cases, contractors want to satisfy customers. Many construction companies conduct a premortgage settlement walk-through of a new property, which enables owners to identify contractual omissions or substitutions and final-finish blemishes that builders should repair.

Sometime near the end of the first year, the builder may ask owners for a “punch list” of additional problems to be fixed. This is usually the home buyer’s last opportunity to point out serious plumbing, HVAC, electrical, and other concerns. It may take 12 months to discover squeaky floors or steps, drywall screws that have popped up, gutters and downspouts that don’t work properly, or more serious issues.
After the first year, some builders will continue to repair problems that they reasonably acknowledge as their responsibility. However, others may feel that the warranty’s liability has run its course, noting that defective construction or deficient finish issues have become the owner’s maintenance responsibility.

PERSISTENT PROBLEMS
When problems persist, home owners may find assistance from consumer protection guidelines or even state liability laws. When these don’t solve the problem, home owners have recourse to legal remedies through the justice system. One home owner requested that his builder correct a drainage problem that repeatedly caused flooding and damage to his property. When the contractor refused, the home owner’s attorney sued for negligence, breach of warranty, fraud, and nuisance. A jury awarded punitive damages.