Homeowners in Pennsylvania received a big win in the Superior Court of Pennsylvania. As of October 19, 2020, residential builders cannot hide behind the statute of repose if homeowners can show builders did not follow construction laws, regulations, and guidelines when building a home.
The PA Superior Court decision in Calabretta v. Guidi Homes et al. is about the rights of builders and homeowners. In many cases the construction statute of repose may shield builders if a lawsuit is filed more than 12 to 14 years after a home is built. Construction regulations change regularly as science changes. Therefore, builders following the laws may be protected if building codes changed.
Under the Superior Court decision, if the builder cut corners when building a home, and that breach is the reason damage is occurring now, the lawsuit may proceed. The statute of repose may not be applicable.
The Calabretta ruling is important for homeowners. “If you have a home over 12 years old and has structural issues, you now have potential legal recourse. The decision does not guarantee your right to compensation. However, it does increase your right to a hearing and discovery of evidence in Pennsylvania,” says Attorney Jennifer Horn, Founding Partner at Horn Williamson.
Horn Williamson helps homeowners who deal with construction defects in their homes throughout the tri-state area. If you are a homeowner and notice construction defect damage in your home such a water coming through the walls and mold, call 215.987.3800 for a free consultation.