On July 23, 2009
By Scott Wolfe Jr
Wolfe Law Group’s own Scott Wolfe, Jr. provides the leading quote in a recent article from HousingZone.com: Homeowners Increasing Suing Local Builders. Scott gave this quote to the publication:
The best and quickest way to get the drywall out is to go after the builder, who ultimately has to live up to his warranty. If the consumer tinkers with class-action lawsuits that can drag out for months, their warranties start to expire, and their chances of getting something from the builder are slimmer.
If we’ve said it once on this blog, we’ve said it a thousand times (here, here, here, here and here).
While class action suits have their purpose, it presents real challenges to homeowners who are interested in getting the Chinese Drywall out of their property.
The class action suits have their warts, and homeowners may find a better remedy by filing a direct action against their builders, suppliers and insurers.
With every day that passes, however, deadlines are drawing closer. The one year deadline for insurance claims and torts. The 3-4 year deadline with claims in redhibition. And the 1, 2 or 5 year deadlines associated with construction warranty claims.
The worst news about the deadlines being that many, if not most of the statutory periods begin when the drywall was delivered or installed…and not when the homeowner learned of the problem.
All was quiet with regard to individual lawsuits against builders and suppliers, but recent news reports indicate that the remedy is gaining some steam.
The article from HousingZone.com is not alone. The Times Picayune recently reported that homeowners are more frequently suing builders, and Baton Rouge’s Advocate had the same analysis.
Could an avalanche of Homeowner v. Builder suits be on the horizon?
If you’re interested in learning more about bringing a suit against your builder, or your construction company is interested in bringing suit its suppliers and insurers, contact Wolfe Law Group today.
This article was originally posted on Wolfe Law Group’s topic-specific Chinese Drywall Blog.
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