In the areas of home warranty and defective construction law, an attorney who is experienced in both litigation and arbitration can be an asset. At Jim Pino & Associates, P.C. in Pelham, Alabama, we provide that experience to our clients in order to find a successful resolution to their case.
Many home warranty agreements now include a binding arbitration clause, which may severely limit the homeowner's ability to take the warrantor to court. If there is such a clause in your agreement, binding arbitration may be your only option. At Jim Pino & Associates, P.C., we have aggressively represented clients in binding arbitration to ensure that the construction company lives up to the warranty agreement that they signed.
Most new homes come with a one-year warranty from the date of closing where a contractor will remedy any problems involving workmanship, material, or construction defects. Those can include a part of the home not built to specification, cracked foundations, water penetration to the base, and mold and mildew issues. In addition, some work may be left unfinished or incomplete or a closing punch list was ignored.
Latent defects may not show up until many years after the one-year home warranty has expired. Some home warranty agreements cover structural defects that involve improper soil impaction and site preparation and houses that have slid down a hill and need anchors installed.
Many times, a builder will not adequately respond to a homeowner's inquiry, if at all. That is where attorney Jim Pino can help you in giving a proper notice of breach to the builder. From there, we will take the case to binding arbitration or litigation to enforce the home warranty.
Homeowners also face legal issues when a bad transaction results in a mechanics or materialmen's lien being filed against their property. Essentially, the builder is accused of not living up to their responsibilities, including not paying the subcontractors. Similar to their legal responsibilities to homeowners, they must be held accountable for violating those agreements as well.
For more information or to schedule an appointment with an experienced home warranty and defective construction attorney, please contact us.