Where do I start with the legal process on a faulty foundation on my home?

I’m so sorry you're going through this — foundation issues are stressful, but it's smart to understand your options early and consider all potentially liable parties. If you recently purchased your home and believe that pre-existing foundation issues were not disclosed to you, that is a different type of civil action (but certainly one we can help with!). However, assuming you are considering suing a builder or contractor over construction defects, you first have to send them a written notice. This letter needs to describe the problem, where it is in your home, and what damage it has caused. The notice must be sent by certified mail at least 75 days before filing a lawsuit. Failing to do this can cause a delay in pursuing claims against a builder or contractor, since a Judge will force homeowners who file early to comply with this law.

Once the builder or contractor receives the notice, they have 30 days to come look at the problem (they pay for that visit, not you). After that, they have another 30 days to respond with a written offer — either to fix the damage or pay you for it. If an offer to repair or pay is received, you have 15 days to accept or decline (if not accepted, the offer automatically expires and is presumed rejected). However, if they don't respond to your notice or they don’t provide an acceptable offer, then you can proceed with a lawsuit.

While all of this is happening, your legal deadlines are essentially on pause, so going through these steps won't cause you to miss your window to sue. To preserve your right to damages, you also have an obligation to mitigate the damage - but do not complete full repairs. This is a fine line that you need to discuss with an attorney.

I would also suggest that you gather any evidence you have during this initial phase of the case: your original contract, warranties, inspection reports, and photos of the damage.  Without knowing the circumstances of your case, I can’t say which claims may be available to you, but, in general, construction defect cases have several legal angles, such as negligence, breach of contract, and warranty violations. These cases can get complicated fast. I recommend that you speak with an attorney with experience in construction defect matters. They’ll be able to provide you with specific advice based on the facts of your case. If you’d like to meet with me to walk through the details and help you figure out the best next step, feel free to call our office at 303-688-0944 or schedule your consultation online. I hope this helps. Best of luck to you.