The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Pennsylvania Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
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How to fill out Complaint Against Builder For Costs Of Repairs Made And To Be Made To House Not Constructed In Workmanlike Manner?
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No matter if your builder provided you with a one year warranty or not, the law is the law, and Pennsylvania recognizes a 12 year statute of limitations for construction defects, as long as you are the original buyer.
If a contractor is licensed in Pennsylvania, homeowners can file a complaint with the Pennsylvania Office of Attorney General's Bureau of Consumer Protection. The Bureau investigates complaints and takes action against contractors who violate consumer protection laws.
--Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
A workmanship warranty provides homeowners with coverage against workmanship or installation errors. This type of warranty generally covers about one year following the completion of the work. However, this is not true for all contractors. Carefully read the fine print to get the details of the workmanship warranty.
Under Pennsylvania law, the statute of limitations for a defective construction lawsuit is four years for a contract dispute, and two years for a tort claim. The statute of repose is limited to 12 years after completion.
Under the implied warranty of reasonable workmanship, the builder must construct the house completely and professionally. The home is not made cheap and will withstand typical weather conditions.
A common kind of warranty on goods is a warranty that the product is free from material defects in materials and workmanship. This simply promises that the manufacturer properly constructed the product, out of proper materials. This implies that the product is not defective for the purposes for which it was made.
In addition, a contractor does not guarantee its work indefinitely. In Pennsylvania, any defective condition must present itself within 12 years from the completion of construction. After such time, there is no cause of action for injuries sustained due to alleged defects in the construction.