Our house is 15 years old and the whole neighborhood has windows that have failed. We have 32 windows and maybe only 3-5 have not failed yet. There is some type of a fungus between the panes in the windows. I was told by JMC that they can not do anything that it is past the 1 year warranty. I was then told that the window company is out of business due to this issue of the fungus. Do we have any type of recourse?
2 Answers from Attorneys
You say the house is 15 years old and you say the whole neighborhood has the same problem. I'm assuming, although you didn't say so, that this is a tract development and that the windows were put in 15 years ago when the homes were first built. If that's the case, you probably don't have much recourse unless you can argue delayed discovery and hold the original builder liable, especially if the window company is out of business. In California, there's a statute of limitation for "latent" (hidden) defects of 10 years at which time almost all construction defects claims are barred. I would suggest you consult an attorney as soon as possible to see if there may be some additional facts in your case which would allow a claim.
For someone who bills himself as "Builders Law Group" Nick should know that the 10-year statute is NOT a statute of limitations; it is a statute of "repose." The difference is that once a statute of repose deadline passes, the date of discovery or even the date of injury are irrelevant. ALL claims for construction defects regardless of nature or cause are barred after ten years. The only exception is if the plaintiff is somehow induced not to sue within the time limit by fraud or duress.