[jujulopez]

I purchased a $765,000 newly built, we were the first ones to live in it, we were told by the builder when we moved in to make a list of any deficiencies found during the first year and he will fix them once the year is over. We have found some major deficiencies in my opinion, but the builder does not want to fix any of them as he claims there is nothing wrong with those deficiencies and thinks we should simply live with it.

I placed a conciliation request through the home warranty company to fight this with the builder but the warranty company seems to be on the builders' side and in the end it seems so nothing will be repaired.

Some of the major deficiencies are:

1-Loud cracking noise inside the master bedroom wall/floor when the furnace fan kicks in, meaning every 5 minutes approximately, all winter long day and night, I am literally unable to sleep without waking up every now and then through the night. The home inpspector that came to my house recommended that the area is exposed and fixed, it seeems so the duct work is too tight.

2-Very hight levels of moisture was detected under 11 shower tiles in the master shower room. The builder says nothing is wrong with it and nothing will happen as there is a concrete board underneath it, however I spoke with a few, masons and people knowledgeable in the field and they all say the tiles need to be removed, the area must be dried and the job needs to be re-done properly.

3-Three floor tiles are cracked in the basement suite floor.


4-Granite counter back splash install wrong, it is too small not covering the whole wall. I was charged 8,000 extra for the granite counters.

5-Front steps and front cement walkway is unlevel due to settlement of the land, therefore the front steps and the deck move when walked on.

6-Landscaping-some areas sank.

7-One of the bathroom counter is cracked inside the cupboard around the pipes, this was fixed poorly with white silycon.

My question is, what are my chances to get the repairs done/fixed and covered by the builder if I file a civil law suite against him? What my chances to win the case are? And how much would it cost me in lawyer fees? Is it worth the cost, or is it best for me to get it fixed and pay for it? What is the right steps to take from here?