Legal Question in Consumer Law in Illinois

See a lawyer who deals in construction defect litigation -- quickly! Based on your zip code you're in the St. Charles, IL area and there are plenty of construction litigation firms nearby.

There are many legal issues involved requiring professional help. Among other things your contract with the builder should contain what express warranty rights you have. You may have waived what's called the "implied warranty of habitability" but if the waiver is in any way defective it could still survive and help you. You should also see if the contract requires you to submit all disputes to arbitration; an improperly drafted arbitration clause may allow you to file a lawsuit instead. If the builder was a contractor you hired and who gave you an insurance certificate, you may have an insurance claim against him. If the builder is insolvent, you may be able to sue all of the subcontractors and perhaps it is the plumber or HVAC contractor that caused the problem. They too should have had insurance and should have given it to the builder.

In addition, in Illinois you have 4 years to sue after you "knew or should have known" of the problem. There are other limitations. Whether you "knew or should have known" of the problem is usually a factual issue. You run the risk of losing your right to sue as time passes if you should have known of this problem +/-4 years ago.

Finally. take a look at your homeowner's policy. While mold may be an exclusion (has been for some years now) other damage may be covered, but beware the possibility of being canceled at the end of the policy term or having your premiums skyrocket. Again a good construction defect litigation attorney can help ferret through this.