These factors are causing construction defects to become more common. Most builders sell homes with fairly short express warranties, often no more than a year. After the warranty expires, some builders deny responsibility for repairing problems. But even when a builder's warranty has expired, state law gives homeowners and homeowners associations certain rights. New home construction carries implied warranties which may exist even after the express warranty has expired.
Homeowners normally have between one and six years to file suit after a problem is discovered.
A contractor's negligent repair attempts may themselves give rise to a claim. Therefore, although you should always act promptly when a problem is discovered, you still may have legal rights, even after the contractor's original warranty has expired. Many states give special protection to purchasers of condominiums, row houses and other common interest developments. In Oregon, for example, individual condo unit owners automatically are given a one-year warranty and the association is given a similar warranty on the common areas. First, give the developer written notice of the problems.