House projects involve many moving parts. Even with the best builders, unexpected issues arise. Most problems in new construction and renovation are corrected routinely by the builder. However, if a non-routine problem should arise, you should follow procedures to correct the situation.
HBASE builders are committed to upholding high standards and doing right by their clients. If a problem develops, homeowners are encouraged to communicate concerns early and directly to your builder. By following the steps described below, chances are that you will be able to resolve the problems.
Legal Steps to Correct Construction Defect
According to South Dakota’s Notice and Opportunity to Repair (NOR) law, a homeowner must take the following steps before suing a contractor for a construction defect:
First, deliver a written notice that describes the alleged defect to the contractor. Next, give the contractor thirty days to inspect the alleged defect and deliver a written offer to repair the defect or pay for it.
The homeowner can’t commence a lawsuit until 30 days after the notice is delivered or until the contractor refuses to repair the alleged defect, whichever occurs first.
Contacting Your Builder
Before you write your letter, familiarize yourself with your warranty coverage. If a problem develops after the warranty has expired, the Builder is not required to fix it under the terms of the written warranty. Some items, such as appliances, may be covered by manufacturers’ warranties and aren’t the responsibility of the builder.
Include your name, address and home and work telephone numbers. Type your letter if possible. If not, use printing or handwriting that is easy to read.
Keep your letter brief and to the point, but include all relevant details. State exactly what you want done and how soon you expect the problem to be resolved. Be reasonable, and include all relevant documents regarding the problem. Keep the original letter for your files and send a copy to the Builder.
Always go directly to the builder with your complaints. Don’t send letters to lawyers, government agencies, home builders associations or any other third parties before you have given your builder a reasonable chance to correct the problem. Interference from outsiders may impede the handling of your complaint. Also, sending angry, sarcastic or threatening letters is not likely to expedite your case.
In most cases, builders are willing to work with you to correct the issue, and you can avoid legal proceedings.
