[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?

[joypulv]

Small Claims courts in many states max out at $5,000. Check that out first. It's the cheapest and easiest.
Claims against warranties often take the help of a lawyer. Sometimes you can pay a nominal fee for a 'lawyer letter' since those get first attention.
What I would do:
Have # 1 and 2 fixed. Take pictures and maybe a short video of the important stages of the work at the beginning and end, such as someone showing you the ducts or mold behind tiles (he's wrong about it not mattering because the backer board won't rot; you still don't want mold and any backing can crumble with time and enough water). Pay the bills and decide: go for the small claims max or pay a lawyer?
Remember that collecting is not easy either. Just because you win doesn't mean they pay. You can try BBB, complaints to the Dept of Consumer Protection of the AG office in your state (online) and complaints will appear on the list of contractors available to anyone who is licensed (a 750k builder probably is). You can tell him you will put out the word that he's a shoddy builder, etc. plan to sue, and see if he wants to just buy you off with a lump sum.
It's almost always difficult.

[AK lawyer]

Please don't ask the same question in two different threads. The threads should be combined.

... 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. ...

When you found each defect, you should have immediately demanded correction. Defects #5 & #6 would have developed over time perhaps, but which of the seven seem to have been present from day #1?

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.

Literally being unable to sleep must be even worse than figuratively being unable to sleep. :)

If the inspector believes this is a defect, you will want him or her to testify at a trial.

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.

How did you detect the moisture?

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

This should have been fixed, but it doesn't seem like a big deal, assuming you have extra tiles.

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.

I believe that's a matter of taste. If you didn't like it, you should have objected to this before you closed.

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.

Certainly. Settling should be covered by the warranty.

6-Landscaping-some areas sank.

Certainly. Settling should be covered by the warranty.

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

You might have trouble proving that you didn't do that.

... 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?

First, get an estimate to have the each problem corrected. Then take this to several lawyers and ask them what they might charge. An attorney who would take the case for $50,000 in damages probably would not touch it if only $5,000 is involved.

And check your warranty for language about attorney fees. Many contracts provide that the prevailing party will be awarded reasonable attorney fees.