Mold-Help.org - The world's largest TOXIC MOLD website
  • Mold Basics
    • Mold Overview
    • Mold Symptoms
    • Mold Types & Images
    • Fungal Infections
  • Resources and Tools
    • Home Care
    • Health & Diet
    • Tips for Parents
    • Coping with Loss
    • Private Research
    • Legal Suggestions
    • Mold in the Bible
  • Mold News
    • Current Headlines
    • “Sick Buildings”
    • The Environment
    • Construction Industry
    • Govt. & Politics
    • The Workplace
    • Landlords & Tenants
    • Insurance Companies
    • Schools & Institutions
    • Strange Fungal Tales
    • Personal Mold Stories
    • Additional Articles
  • Agencies & Experts
  • About Mold-Help
    • Mold-Help News
  • Search
  • Menu Menu
  • Twitter
  • Facebook

California Homeowners Face Builders Over Defects

October 3, 2004/in Construction Industry /by Contributor

Associated Press
July 22, 2002

SACRAMENTO – A 10-year statute of limitations on structural repairs is putting pressure on the relationship between builders and new homeowners.

Homeowners say lawsuits are their only recourse against unscrupulous builders, while contractors argue an increase in lawsuits is making their business more costly.

Mohammed Hussein has firsthand knowledge of the conflict. When cracks formed in his San Leandro home he called the builder. The cracks grew and after two visits to Westco Community Builders, the company said he was on his own.

Hussein is now among 85 families in his development suing over what they consider to be construction defects. The lawsuit is seeking $15 million for repairs and medical costs from mold exposure.

Hussein and his neighbors say they were left with only legal action to save them from recalcitrant builders. But the builders argue the statute of limitations often prompts more suits as the 10-year deadline approaches, resulting in frivolous claims.

Builders also say the lawsuits are too costly to fight, and add significantly to home prices because the increase in the number of suits has lead to higher insurance costs for builders.

Awards in building material cases range from $65,000 to $3.6 million, and the range of awards makes it difficult for insurers to set premiums for contractors, said Candysse Miller, spokeswoman for the Information Network of California.

And when they do, premiums are high.

Replacing the statute of limitations with optional 10-year home warranties would curb frivolous lawsuits yet still protect consumers, builders said.

Warranties would give them the right to repair defects.

Critics of California’s 10-year statute of limitations say it’s out of step with the nation.

However, 14 of the 21 most populous states have statutes of limitations as long, if not longer than California, according to Larry Rosenthal, a professor at the University of California, Berkeley’s Haas School of Business. And among them are fast-growing states such as Florida, at 15 years, and Maryland, at 20.

Andrew Wiener, the lawyer representing the San Leandro builders, hints that taking the law out of construction defects might streamline the process.

"Often there’s an exacerbation of a problem by the homeowner or the homeowner’s attorney by virtue of the fact that they are not giving the opportunity to the developer to come in and fix a problem before it becomes a major problem," Wiener said.

But homeowners like Hussein say they did give the builder a chance to do things right, to no avail.

Contributor
Author: Contributor

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Reddit
  • Share by Mail
https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png 0 0 Contributor https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png Contributor2004-10-03 21:02:262019-03-29 20:20:04California Homeowners Face Builders Over Defects

Mold News

  • Current Headlines
  • "Sick Buildings"
  • The Environment
  • Construction Industry
  • Govt. & Politics
  • The Workplace
  • Landlords & Tenants
  • Insurance Companies
  • Schools & Institutions
  • Personal Mold Stories
  • Strange Fungal Tales
  • Additional Articles

Latest Posts

  • Michigan Family Finds Toxic Mold Inside Home
  • California Winter Storms: Water Damage and Mold Exposure Concerns in California
  • Office and Commercial Buildings at Risk for Mold after COVID-19 Closings
  • COVID-19 Symptoms May Include Loss of Taste and Smell
  • New Mold Detox Information on the Horizon
  • COVID-19 Courses of Action
  • Stachybotrys
  • Simple and Easy Ways to Prevent the Coronavirus
  • Your Air Conditioning Unit Helps Eliminate Mold
  • Construction Workers Are Learning to Control Dust and Debris

Search Our Site:

Need Help with Mold?

Are you being affected by mold or other mycotoxins in your environment? Our team and community has over 15 years experience and can provide guidance. You can reach us by submitting your contact or through our Facebook page.

Have a Story to Share?

We're looking for stories and input to expand our database and to add to the personal experiences we've received from the thousands of victims over the last 15. If mold has impacted your life, please take the time to share your story. Your information is confidential and will only be shared with your permission.

Seeking Mold Experts

Are you an expert in the treatment of mold-affected health illnesses, or a provider of services to victims of mycotoxin exposure? Submit your information for listing consideration in our Agencies & Experts resource database.

Additional Resources

  • Contact Us
  • Sitemap
  • Glossary of Terms
  • Survivor Resources
  • General Inquiries
  • Legal Disclaimer

© Copyright - Mold-Help Organization
  • Twitter
  • Facebook
  • Mold Basics
  • Resources and Tools
  • Agencies & Experts
  • Mold News
  • About Mold-Help
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Accept settingsHide notification only