Suing Bad Builders Now Harder

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Suing Bad Builders Now Harder

by Issac J. , MyrtleBeachOnline.com

http://www.imakenews.com/pureaircontrols/e_article000427124.cfm?

x=b5fcfBw,bvtv58G

Homes along the Grand Strand are selling at a record pace - an

average of 85 days for single-family homes and a lightning-fast 11

days for condominiums.

No one knows when the market will cool down, but one thing is for

certain: New homeowners have a much shorter window than previous

homeowners to discover whether the builder did not do a fine job

building their home. A new law, which went into effect July 1,

reduces a builder's liability from 13 years to eight years. A

homeowner now only has eight years from the date of purchase to sue

for shoddy work. Exceptions to the time limit include fraud and

gross negligence.

In a state known for its " buyer-beware " status, the law puts even

more of the onus on the home buyer to do due diligence before having

a home built. It seems to be part of the recent movement to limit

lawsuits in general.

" They say [the change] is going to stimulate the economy, " said

Myrtle Beach attorney Bobby Wylie, who has represented several local

homeowners and homeowners associations in multimillion construction-

liability cases. " That's just what we need in Horry County, more

people building houses. "

The problem with the law is that lots of construction problems

aren't discovered until years down the road, as has been the case

with the myriad problems that arose with a synthetic stucco system

that left homes with undetected mold and rotting wood and led to a

host of lawsuits.

" With all the high-tech products they are using, you couldn't see

what's going on in your walls, " Wylie said. " Some of [the problems]

weren't found out until after eight years. "

Fortunately, most area builders do good work, Wylie said. And the

state has a grievance system designed to persuade buyers and

builders to work for a mutual solution before litigation is

necessary.

But when that doesn't work, suing is a homeowner's primary shot at a

satisfactory resolution.

Homeowners can protect themselves by using an established builder,

asking for several references, knocking on doors in the neighborhood

where the builder made his mark and checking with officials at the

S.C. Department of Labor, Licensing and Regulation to find out about

any unresolved complaints.

" You can go buy a Hyundai and get a 10-year warranty, [but] these

builders don't want to stand behind their products any longer than

they have to, " Wylie said. " I think a house should last at least as

long as the mortgage. "

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