Perry Home’s Lame Attempt to “Fix” Construction / New Home Defects

by Martin Arguello

We recently had a client retain us to handle their construction or home defect claim against Perry Homes.

The home was built around seven years ago—which would make you think that it’s too late to pursue a home or construction defect claim.  However, it is not.  In fact, in this case, our client is not even the first owner of the house!  So, even though he did not buy the house directly from Perry Homes, he can still pursue a construction defect claim.

The situation is generally this:  when the house was built, there was some improperly installed plumbing.  However, this construction defect was not obvious.  Still, for several years, the defective plumbing leaked water.  That led to direct damage to some cabinetry and other building materials, but the real problem with this construction defect is that it attracted termites.  A lot of termites.  The statute of limitations on construction defect actions doesn’t start to run until the defect is discovered or should have been discovered.  Because the defective plumbing and resulting damage wasn’t discovered until recently, our client still has a viable construction defect claim.

So, naturally, our client contacted Perry Homes regarding the problem.  Perry offered to “fix” the problem by repairing the cabinetry and spot treating for termites; however, even these measly repairs were offered ONLY IF our client signed a full and final release PRIOR to the repairs being made.  There are several obvious problems with Perry’s offer, of course.  First, repairing or replacing one cabinet in a kitchen that is seven years old will leave our homeowner with mismatching cabinets.  Further, the termite problem is extensive and can not be fixed by spot treating, according to our client’s exterminator.  But most importantly, Perry is demanding a release prior to the repairs being made.  If our client were to sign that and the repairs did not fully remedy the construction defects, he could no longer pursue a home defect claim against Perry!

Because of this glaringly bad behavior by Perry Homes, our client approached our firm.  We are currently working on achieving a fair and reasonable resolution to his construction defect case.

If you or someone you know has experienced construction or home defect problems, contact our experienced attorneys today for a free, no obligation consultation.  Learn your rights, and let us enforce them!  In most cases we handle construction defect litigation on a contingency fee basis—so you’re not responsible for any costs or fees except to the extent we recover money for you.

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