Legal Question in Construction Law in Indiana

Poor workmanship

House was contstructed starting May 2007 and finished July 2007. Our house was first in region that this company built with a half-stone facade on the front. Raised issue several times with builder about how the workmanship was poor quality. After meeting with construction manager, head contracter, and regional manager was told that's as good as it gets.

New house (finished Jan 08) the next street over built by same builder has same stone facade. Craftmanship and mason work is far superior to what we received.

Is there any legal recourse for us to either have our stone re-done or receive financial reembursement due to the crappy work on ours and the superior work on theirs.

Don't have any proof other than my word (left my camera at home that day), but the workers were drinking on the job site when they were doing my stone work. Called construction manager and by the time he got there they were gone and had taken all their empty beer cans with them.

Asked on 2/11/08, 8:14 am

1 Answer from Attorneys

Mark Voigtmann Baker & Daniels
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Re: Poor workmanship

There may be recourse against the builder for breach of the implied warranty of good workmanship. The certainty of recovery would depend on the extent of the damage, the cost of the repairs and the wording of any contractual documents between you that may exist. If you would like to discuss further, please feel free to contact me.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. The foregoing discussion is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered a privileged communication.

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2/11/08, 11:08 am

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