Skip to content

Contact

 
Melissa at window

Melissa Brumback

   

Melissa Dewey Brumback       
Ragsdale Liggett PLLC     
2840 Plaza Place, Suite 400    
Raleigh, North Carolina 27612    
Direct Dial:  919-881-2214    
Email:  mbrumback@rl-law.com    
Blog:  constructionlawNC.com     
More About me 
My Official Firm Profile 
Twitter: @MelissaBrumback
Guest Post Policy
 
 
         ___________________________________________________________________________________________                   
           Mail envelope                   

Email updates:  If you would like to sign up for blog entries to be delivered directly to your inbox, subscribe to the blog by entering your email address at the top of  the right hand column. 

 

           Firm Brochure          

  Firm Brochure:  If you would like a Firm Brochure, send me an email.
               

     ___________________________________________________________________________________________                    

Construction Law in North Carolina does accept some guest posts.  Before submitting a post, read my guest post policy.

___________________________________________________________________________________________                    

Legal Disclaimer and Note:   I welcome your feedback, thoughts, questions, and suggestions.  Just a reminder:  no attorney-client relationship is established simply by contacting me.  If you are interested in legal representation, let me know and we can discuss whether or not I will be able to help you.  I look forward to hearing from you.       

14 Comments
  1. Brad Baker permalink

    Hi Melissa,

    I have read some of your articles and had a question regarding statute of repose. We purchased a home with a basement that had been professionally waterproofed by a national company in 1988. The company offers a FULL lifetime warranty, regardless of ownership. I have the original warranty signed by them. There are no exclusions or exceptions. They are very open about how this warranty adheres to the Magnuson Moss warranty act and they will “clean up the water and repair any damages” if a leak should ever occur. They even state that since they have been in business since 1958, if your system was put in 50 years ago, you would still be covered today. Now, their system failed and flooded my basement about 20 years after if was installed. They maintain they are not liable due to statue of repose that absolves them of any liability in North Carolina after just 6 years. This seems like a strange contradiction. Do you think this a legitimate defense for them, or do I have a case to pursue? Thanks for any insight you might have. Brad

    • Hi Brad. Sounds like you may possibly have a case; I’d have to see the exact language of the warranty. However, if they voluntarily agree to a longer period of claims (i.e., lifetime warranty) I think an argument could be made that they are estopped from asserting any statutory defense such as the statute of repose. I assume you are in NC? If you like, send me the wararnty and I can give it a quick purusal.

  2. jennifer permalink

    Dear Mrs Dewey Brumback,

    I’m at a loss at this point and hope you can help. My husband and I purchased our home back on the 21 of December, 2005. We had a home inspection in October of 2006, right before our 1 year warranty was up. During the inspection the wall under the sliding glass door where the deck connects to was found to be rotting. A few weeks later the builder came over himself to repair the issue. My husband and I are not contractors and have no real sense of building codes or practices. He told us he fixed it. Back in June we had a routine pest inspection in which the wall was found to be rotting again, along with the other wall that the deck connects to. I was unable to locate the builder and sought out his son, who is a fellow builder. He refused to give me his fathers info and told me that his father had gone out of business. I was specifically told that we did not have the 10 year structural warranty through bonded builders. In desperation I have been calling everyone I could possibly think to call. As well as his son, again. I have since found that we do have the warranty. However it will not cover the damage given that it is a water intrusion issue. I have also located the builder who told me, the deckers did indeed neglect to put the metal flashing behind the walls when the deck was originally built. He said that he did repair the wall under the slider but neglected to repair the additional wall that the deck connects to. He says he will fix the other side but not the side under the slider given he feels his repairs were done to specification and the water is coming from else where. I know the repairs are extensive and he is not going to do what needs to be done to repair the problem for good. We need help!!

    Thanks,
    Lost in Sanford
    Jennifer

Trackbacks & Pingbacks

  1. Tolling the Statutes of Limitation & Repose? (Law note) « Construction Law in North Carolina
  2. Tues Tip: 8 Best Collection Practices « Construction Law in North Carolina
  3. Tues Tip: Two upcoming NC Building Expos « Construction Law in North Carolina
  4. Should I stay or should I go now? (Court vs. Arbitration) « Construction Law in North Carolina
  5. The 123′s of Current NC Lien Law: Issues for Owners « Construction Law in North Carolina
  6. Insurance Physical: worth the check up! « Construction Law in North Carolina
  7. Keeping your company in compliance with “The Man” « Construction Law in North Carolina
  8. Spend Less Time with Your Lawyer with these Tips (Tue Tip) « Construction Law in North Carolina
  9. Tell me what construction law topics to write about, & you could win! « Construction Law in North Carolina
  10. The post you’ve been waiting for: Construction Law’s Official Policy on Guest Posts! « Construction Law in North Carolina

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: