A Homeowner’s Recourse: The Purchaser Dwelling Act (PDA) and How Homeowners Should Handle Construction Defects

January 24, 2024

The Purchaser Dwelling Act (PDA) is a significant piece of legislation that governs the rights and responsibilities of homeowners and contractors in the realm of construction and home improvement. Enacted to protect the interests of both parties, the PDA outlines various provisions that address construction defects, ensuring fair dealings and proper resolution mechanisms.

In this article, we’ll examine the PDA and what homeowners should do in the event of new home construction defects.

Does the PDA Favor Contractors?

One notable aspect of the PDA is its favorable stance towards contractors. The legislation acknowledges the challenges faced by builders and contractors during the construction process and aims to strike a balance between protecting homeowners and supporting the construction industry.

Contractors benefit from certain provisions that provide clarity on the standards expected, allowing them to operate with a clear understanding of their responsibilities and the duration of their liability.

What Homeowners Need to Know

For homeowners, understanding the PDA is crucial — especially when it comes to dealing with new home construction defects. Construction defects refer to deficiencies in the design, workmanship, or materials used in the construction of a new home or remodeling project.

Identifying these defects is essential for homeowners to ensure the safety, integrity, and value of their property.

New Home Defects

In a new home, defects may include:

Structural Issues
Plumbing or Electrical Problems
Faulty Roofing
Issues Related to the Foundation

Remodeling Defects

In the case of remodels, the definition of a defect becomes nuanced. A defect in a remodel could involve issues related to the renovation process, such as:

Improper Installation of Fixtures
Inadequate Structural Modifications
Poor Craftsmanship
Substandard Materials

The PDA may apply to remodels as well, depending on the scope and nature of the construction work.

What Should Homeowners Do in the Event of New Home Construction Defects?

When a homeowner experiences construction defects, it’s vital to take prompt action.

Step 1: Review the warranty provided by the contractor. The PDA often mandates a specific warranty period during which the contractor is obligated to address and fix defects at no additional cost to the homeowner.
Step 2: Notify the contractor in writing, detailing the nature of the defects and requesting corrective measures. Many construction contracts require the homeowner to follow a specific dispute resolution process outlined in the contract.
Step 3: If the contractor fails to address the issues satisfactorily, homeowners can explore legal avenues as outlined in the PDA. Legal action may involve filing a complaint with the relevant authorities or pursuing a lawsuit against the contractor.

Pro Tip: In addition to legal avenues, homeowners should consider seeking the opinion of independent experts to assess the nature and extent of the defects. This documentation can serve as valuable evidence in any dispute resolution process.

Additional Help for Homeowners

To safeguard their interests, homeowners should also be proactive in conducting thorough inspections before finalizing the purchase of a new home or approving the completion of a remodel.

Engaging qualified professionals for inspections can help identify potential issues early on and allow for their resolution before the transaction is finalized.

Homeowners should also be aware of the statute of limitations for filing construction defect claims, as these vary by jurisdiction.

Acting within the prescribed time frame is essential to ensure that legal options remain available.

In some cases, the PDA may require homeowners to participate in alternative dispute resolution mechanisms before filing a lawsuit.

This approach aims to streamline the resolution process and avoid the burdens associated with prolonged legal battles.

Contact an Experienced Law Firm!

The PDA plays a crucial role in regulating the relationship between contractors and homeowners, particularly in the context of new home construction defects. While the PDA provides a framework for warranties and dispute resolution, homeowners must stay informed about their rights and take appropriate steps if they encounter defects in their residential property. It’s also important to work with an experienced law firm like Stone Canyon Law in the event of a construction defect dispute.

Diligence in documentation and seeking professional opinions can contribute to a fair resolution in cases of construction defects, ensuring that both contractors and homeowners fulfill their respective obligations under the law.