Maybe, and you still want to act rather quickly. Have you had an engineer come in to see how bad it is? We need to know what your damages are?

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Here's a kind of checklist for you:

First, determine your cutoff date for initiating legal action. The ten years starts upon "substantial completion" of the work, but not later than the earliest of (a) final inspection by a public agency; (b) recordation of a valid notice of completion; (c) date of first occupancy or use; or (d) one year after the termination or cessation of work. See Code of Civil Procedure section 337.15.

Then, if you are within the time limit, get a really credible analysis of what's causing the problem and the cost to fix it.......this information and the expert testimony associated with it will be important in winning any lawsuit, and you really need to know before filing suit. It may not be the developer or builder's fault. Also, if the solution costs $500, I wouldn't even bother going to small claims.

Finally, try to determine whether the developer or the contractor is still in business and able to pay damages if you get a judgment. Very depressing to win and not be able to collect. If need be, pay for a report from Dun & Bradstreet or the like.