Construction and Remodeling Defects

Being a homeowner has been called “The American Dream.” But for a disturbing number of families – especially lower-income residents and seniors – the dream can turn into a nightmare, leaving their homes and finances in ruins.

• Construction Defects – If you’ve discovered foundation problems or other signs of construction defects, we can help you with your construction defect litigation. When construction defects have reduced the value of a house, townhouse or condominium, we can help identify the conditions that can legally be recognized as a defect in design or workmanship, or a defect related to earth settlement conditions. Common construction defects include cracks in the foundation, improper storm water management and grading, balcony or deck failure, unsafe fireplaces and sagging floors or ceilings.

• Remodeling Defects – Fixing up a home can be a great joy, or it can be a disruptive and even disastrous experience. If you have discovered defects in your remodeling project, our experienced legal team can fight for you. Common remodeling defects include sinking floors, roof deterioration or collapse, leaks in the roof, walls or windows, faulty foundation repair, concrete breakdown and failure, Heating Ventilation and Air Conditioning (HVAC) defects, windows, roofing and siding failures.

• Contractor and mechanic’s lien disputes – If you agreed to a mechanic’s lien to finance a construction or remodeling project and a contractor is threatening to foreclose if you don’t pay, our experienced team of attorneys can fight for you. Many low-income elderly homeowners are the targets of high pressure sales tactics for unnecessary and overpriced home improvements. If the homeowner refuses to pay for the shoddy work, the contractor or lender will probably rely on the lien to force payment or may even try to foreclose. You have options with an experienced consumer attorney working for you.

• Breach of warranty – We can help if the warranty – either the written warranty or the implied warranty – on your home isn’t being honored. You might have a case even if the written warranty has already expired, as long as the defects appeared during warranty period.

• Home ownership and equity protection – If you’re in trouble with a refinanced mortgage, home equity loan or a home improvement loan and you are in danger of losing your home, the Office of Richard Tomlinson may be able to help. The Home Ownership and Equity Protection Act specifically relates to these three types of loans in which there is a lien on the house. It specifically applies to high-rate loans that are at least eight points over the T-bill rate, or in which eight percent or more of the loan costs go toward fees. If this has happened to you, you can protect your home and recover all of your payments for interest and fees, plus your attorney’s fees.

• Foreclosure – If you are at risk of foreclosure and either don’t want to file for bankruptcy or can’t file, we can fight for you. There are many state and federal consumer protection laws that may help protect your home. For instance, did you get proper notice? Was there a Truth in Lending Act violation, or a violation of the Home Ownership and Equity Protection Act? Or perhaps you were charged too much interest. Have an experienced consumer attorney explore all your options.