Legal Question in Construction Law in Indiana

We closed on our newly built home about six months ago. The shower in the master bedroom was not constructed properly and has caused significant water damage and mold. We were first aware of the issue about 3 or 4 months ago. The warranty department has been involved but has not fixed the problem though they have tried. We would like to move from the house because of concerns with current and future mold problems. What legal recourse do we have? Is there like a lemon law for new homes?

Asked on 5/16/14, 5:49 pm

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

You need to give the builder adequate opportunity to repair first. Document, in writing, all of the problems and the history of repairs. If you don't get satisfaction, you are required to follow the procedures outlines in your home contract and/or warranty, which may include arbitration. You should have the problem looked at by an independent plumber/bath specialist of your own choosing to identify the problem and give you an estimate of what it would cost to remedy. You should probably have the assistance of counsel to proceed on these matters since it's hard to follow all the the steps by yourself.

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Answered on 5/19/14, 2:19 pm

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