You have more rights than you know in your new home.
When you buy a newly constructed home, it’s normal to have a punch-list. Most builders in Pennsylvania offer a one year warrantee that covers pretty much everything (roof leaks, settlement cracks, loose plumbing fixtures and cracked grout in the bathrooms, etc) All of these things are not out of the ordinary and easy to repair. Homes need to go through at least a year before some problems surface because of settling and expansion and contraction in hot and cold weather. Most builders are responsible and will repair these items correctly in a timely manor. However, there are always some people who think that cutting corners is ok and will try to leave you holding the bag. Some unscrupulous (or lazy) builders will drag out the process until after a year and then claim they aren't responsible anymore. Don’t give up and don’t let them push you around. Exert your rights and hold them accountable!
Document everything including photos with dates and times of problems, and all communications with the builders. If you do have a verbal conversation, send a follow up email and summarize what was agreed to. You want to be able to show documentation if you end up in court. If you don't get a response, send a certified letter.
Hire a home inspector. You should have had a home inspection prior to buying your home. Get another inspection prior to the expiration of the builders warrantee or before the first year. Don't let the builder decide what needs to be repaired or how. A professional Home Inspector will also be able to find problems that you won't. They'll have an understanding of your major mechanical systems and spot problems that haven't fully manifested yet. Having a report from a reputable independent home inspector with cost estimates will serve you well in negotiating with the builder or as evidence in court.
Know your rights. In addition to the builders limited one-year warrantee, the builder maintains some responsibility for the building for up to 12 years. Homeowner rights and Builder responsibility have been litigated in court and the concept of “Implied Warranty of Habitability” has been established. This is more than the expressed limited warrantee a builder may offer at settlement. The PA Superior Court held that the builder is in a position of power because there is a differential in knowledge of building construction and therefore, there is also an implied guarantee that “the home was built in a workmanlike manner and the home is suitable for living.” This usually applies to major concerns like structural imperfections or lack of heat or water.
Talk to an attorney. If all else fails, talking to an attorney is the way to go. An attorney may give you an initial consultation for free or for a reasonable fee. Sometimes a letter from an attorney can get progress from an otherwise intransigent builder.
It goes without saying that you should be polite and professional, but firm. Ask for reasonable deadlines and make sure the work is done correctly. Generally speaking, most builders aren't bad guys. They are usually just really busy with other projects so if you aren't keeping on top of them, you won't get your problems taken care of. In my experience persistence pays off.
