March 24, 2022

Homeowners may be facing hidden water damage in the interior walls of their homes. Not infrequently, water damage is caused by builder or contractor negligence or poor craftsmanship, and construction defects that result in deterioration of houses that could cost a large amount to correct.

If you discover water damage in your home, Horn Williamson’s experienced construction attorneys recommend you immediately take four important steps to ensure that you can hold your builder or contractor accountable. That means you may have to go to court, or to arbitration or mediation, to get the justice you deserve.

Step One
Immediately take as many photos as possible. No amount of video or photographic evidence is too much. In court or in arbitration or mediation, photos will be seen as important evidence.

Step Two
Do NOT attempt to fix or repair the problem because you could unintentionally ruin the evidence. Under Pennsylvania law, sometimes photographs and videos are not enough, so you don’t want to risk impairing your case. You need expert advice because your contractor or builder will very likely want to inspect the damage and may have legal representation. So, you should contact a construction attorney for a free consultation as soon as possible.

Step Three
Next, you want to put the builder or contractor on notice. To be safe, you should have an attorney assist you with notification. You may not want to sue the builder or start a legal action; however, a simple letter of notification can preserve your rights.

Step Four
Find a professional to fix the problem, but—and this is important—get more than one estimate! You don’t want to rely on the first estimate; it’s essential to obtain many different estimates to be on the safe side. Do not rely on a contractor to tell you the scope of work. You are better served to get an independent architect, engineer or another builder involved to do a thorough inspection for there may be things that only a trained eye will see and that may be extremely important in the final resolution of the problem.

Finally, for your peace of mind during what is a trying time, call a construction lawyer for a free, no-obligation consultation. Horn Williamson has a team of experienced construction attorneys who have helped many homeowners by explaining their options that aid their decision-making. If you have water damage in your home call Horn Williamson today for a consultation.

January 18, 2022

Most people are unaware that their homes have construction defects caused by builders who have cut corners and/or violated building codes until well after 12 years of ownership. Only about 10 percent find problems within six years of construction. In fact, most people are unaware that their homes had construction defects that cause problems like unseen water damage that leads to mold (which can cause serious health issues) until they put their homes up for sale. Then, a moisture test or home inspection may reveal serious building defects that can cost thousands of dollars to repair.

Currently builders, contractors and architects must build according to code and are held responsible and accountable for any and all building defects for 12 years based on a law with long historical precedent.

But now, five members of the Pennsylvania Legislature are attempting to put all of our state’s homeowners in considerable financial jeopardy. In August, Senators Laughlin, DiSanto, Comitta, Mensch and Stefano introduced Senate Bill 833 that would reduce the time homeowners have to hold their builders accountable for costly repairs from defects from 12 years to six years.

The bill also changes the definition of the term “lawfully” now in the statute of repose to simply mean “licensed”. Current practice recognizes “lawfully” as meaning licensed andfollowing code. If builders are merely licensed it would, in effect, give them a free pass on how to construct homes. That simple change of a word would remove Pennsylvania homeowners’ financial safety net.

We firmly believe that builders and contractors must build according to code and be held accountable for any and all building defects in homes for the 12 years that is the prevailing law. If that law is reduced to just six years, builders who have done slipshod work, cut corners and ignored established code will essentially be freed of any financial responsibility and homeowners will suffer monetarily on top of the considerable mental anguish caused by unanticipated building defects.

You don’t have to sit by and let Pennsylvania homeowners, perhaps like you, be unnecessarily thrust into considerable financial vulnerability. Acting today will help stop this proposal while it is being considered in Legislative Committee. Here’s what you can do:

• If you want to help protect Pennsylvania homeowners, join others in stating your opposition to this ill-advised change in the law by calling or writing* to your representative. To obtain contact information on the bill sponsors or the Senator or Representative of your district, click on this link.

If you are a homeowner suffering through your own construction defects problems, you can get assistance by calling the experienced Construction Defects Claims attorneys today at Horn Williamson at 215-987-3800 for your complimentary consultation.

*For your convenience, click here for a sample letter to legislators, but we urge you to put these thoughts in your own words, which will be more effective.