Legal Question in Construction Law in Indiana

Construction Liability

My family is being transferred with my husband's job and hoping to sell our home to his company. We have reason to believe the original contractor of the home (who we bought it from 7.5 yrs. ago after he lived in it for 1.5 years with his family) may have known of some structural defects which he did not disclose to us. My husband's company has ordered a foundation inspection based on appraisers observations and we would like to know if we can pursue a case against the contractor for ''covering up'' and not disclosing defects he was aware of. If we incur monetary losses (we may lose a home we're having built plus our $15,000 deposit with Pulte to build the home) and incur a lot of emotional duress, is there anything we can do? Thank you very much for your assistance!

Asked on 11/18/03, 8:52 pm

1 Answer from Attorneys

Mark Voigtmann Baker & Daniels

Re: Construction Liability

It is possible that you may be able to hold the contractor liable for your losses. The variables would include: (a) when you discovered the defect; (b) if you bought directly from the builder; (c) if the builder has assets worth pursuing; (d) exactly when the house was built;(e) the nature of your agreement to purchase the home (and whether it was "as is" or with warranties [express or implied]); and (f) whether the builder itself was responsible for the defects or whether it constructed the home based on an inadequate design. If you would like to talk about this further, I am available at 1-800-382-5426.

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Answered on 11/19/03, 9:18 am

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