Back when I was going through this, the lawyer told me that one could not collect for something was not installed according to code. HOWEVER, if not following code caused damage to something then that would hold up in court.
Example: If code is that every roof tile is to be nailed down, one could not collect if that was not done. However, if not nailing caused tiles to shift and water to damage the home’s interior, that could be the basis of a construction defect lawsuit. Please correct me if this has changed in the last 10-15 years.
This was important in my case. I would sometimes get a leak in my downstairs bathroom. We noticed it was after each rain, so suspected there was a roof problem – one of the reasons we joined the suit. When the insurer’s inspectors came through, the guy on the roof noticed a tile had slid (wasn’t nailed down) and asked if he should slide it back in place…I said yes! After he left, I had someone go up and secure the tiles in that area and guess what? I never had another leak!
I was able to use the $$ from the lawsuit to repair the roof, fix the damaged sheet rock, and do a few other small improvements to the home.
So I’m not sure I agree with all those who say “don’t do it”…I say it depends upon your situation. Had I not participated, I would have been out the repair money and may have spent much more trying to find out where the leak was.
As it was, everything worked out perfectly for everyone involved. Now, had the builder not went BK, I probably would not have sued but would have approached the builder to rectify the problem. Because of my situation, I did not have that as an option.
