Key Takeaways

• The law implies warranties in the sale of a new home. In Pennsylvania, the builder warrants that the home was built in a workmanlike manner and is fit to live in.
• New Jersey, New York and Maryland set warranty periods by statute. Coverage for general workmanship can end one year after you close.
• The builder’s own warranty booklet is not the whole story. What you signed has to be read against the law of your state.
• Report defects to the builder in writing and keep a copy. In New York, written notice to the builder is required before you can sue.

Common Defects in New Homes

• Water coming in through stucco, siding, windows, roofs and flashing.
• Foundation cracks, settlement and poorly compacted soil.
• Grading and drainage that send water toward the house.
• Framing and other structural errors.
• Roofing that was installed incorrectly.
• Mold caused by leaks or poor ventilation.
• Plumbing, electrical, heating and cooling systems that were installed incorrectly.
• Work that does not follow the building code or the approved plans.

Many of these problems are hidden behind finished walls and do not show for a year or more. National reporting in 2026 described a sharp rise in construction defect claims against large homebuilders.

Your Rights in Pennsylvania

Pennsylvania has no new home warranty statute. Instead, the courts imply a warranty in every sale of a new home by a builder: the home must be built in a reasonably workmanlike manner and must be fit to live in. That warranty protects the first buyer. The Pennsylvania Supreme Court has held that a later buyer of the home cannot sue the builder on it.

A buyer may also have claims for breach of contract and negligence. Where the builder misrepresented the home, the Unfair Trade Practices and Consumer Protection Law allows a court to award up to three times the actual damages, plus attorney fees.

Contract claims generally must be filed within four years and negligence claims within two years. With limited exceptions, no claim can be brought against a builder more than 12 years after construction was completed.

Your Rights in New Jersey

New Jersey’s New Home Warranty and Builders’ Registration Act requires every new home to carry a warranty. For one year, the home must be free from defects caused by faulty workmanship and defective materials. For two years, the plumbing, electrical, heating and cooling systems are covered. For ten years, the builder is responsible for major construction defects. New Jersey courts also imply a warranty of habitability in the sale of a new home by its builder.

Where a builder deceived the buyer, the Consumer Fraud Act requires the court to award three times the damages, plus attorney fees.

Most contract and property damage claims must be filed within six years. No claim can be brought against a builder more than ten years after the work was done. Be careful with the warranty program itself: in New Jersey, starting a warranty claim is an election of remedies and can bar a lawsuit over the same defect. Get advice first.

Your Rights in New York

New York’s housing merchant implied warranty applies to the sale of a new home. For one year, the home must be free from defects caused by a failure to build it in a skillful manner. For two years, the plumbing, electrical, heating, cooling and ventilation systems are covered. For six years, the home must be free from material defects.

The statute has strict steps. The builder must receive written notice of the claim no later than 30 days after the warranty period ends, and before any lawsuit. The lawsuit must then be filed within one year after the warranty period ends or four years after the warranty date, whichever is later.

Your Rights in Maryland

Maryland law implies four warranties in the sale of a new home: it is free from faulty materials, built according to sound engineering standards, built in a workmanlike manner, and fit for habitation. These warranties generally expire one year after you take the deed or move in, whichever comes first. For structural defects the period is two years. If the home is resold during that time, the warranties continue to protect the next owner until they expire.

A claim must be filed within two years after the defect was discovered or should have been discovered, or within two years after the warranty expires, whichever comes first.

Builders who take part in a new home warranty security plan must provide at least one year of coverage for materials and workmanship, two years for the electrical, plumbing, heating, cooling and ventilating systems, and five years for structural defects.

The Builder’s Warranty and Arbitration Clause

Most builder contracts include a written limited warranty, language giving up the warranties the law would otherwise imply, and a clause sending disputes to arbitration. These terms are not always enforceable as written. Courts look closely at language that takes away a buyer’s warranty rights, and the statutes in New Jersey, New York and Maryland limit what a builder can do. We read the contract and the warranty documents before advising you on where and how to bring the claim.

What to Do Now

• Report each defect to the builder in writing and keep a copy.
• Photograph the problem and note the date you first saw it.
• Keep the contract, the warranty, inspection reports, punch lists and every message to and from the builder.
• Have an independent inspector or engineer identify the cause before the builder covers it up.
• Do not sign a release or accept a repair as a final settlement without advice.
• Do not wait. The shortest warranty periods end one year after closing.

What Our Firm Does

• Review the contract, the warranty and the builder’s repair history.
• Identify the claims and the deadlines that apply in your state.
• Work with engineers and inspectors to establish the cause and the cost of repair.
• Send the required notices to the builder and its warranty company.
• Negotiate a proper repair or payment.
• Bring the claim in court or in arbitration.

Who We Help

• Buyers of newly built single-family homes and townhomes.
• Owners in a new development where the same defect appears in many homes.
• Homeowner and condominium associations with defects in common areas.

Why Choose Siddons Law Firm

You work directly with attorney Michael A. Siddons from the first email to the end of the case. The firm represents homeowners in Pennsylvania, New Jersey, New York, Maryland and Washington, D.C., in court and in arbitration.

Frequently Asked Questions

My builder’s one-year warranty has expired. Is it too late?

Not necessarily. Structural and major defects are covered for longer in New Jersey, New York and Maryland, and Pennsylvania’s implied warranty is not limited to one year. The deadlines differ by state and by type of defect. Email us the date you closed and we will tell you which ones apply.

I bought the house from the first owner. Can I sue the builder?

It depends on the state. In Pennsylvania, the implied warranty of habitability protects only the first buyer. In Maryland, the statutory warranties continue for a later owner until the warranty period ends. Other claims may be available.

The builder keeps making repairs that do not work. What should I do?

Put every request in writing and keep a record of each repair. Repeated failed repairs are evidence. Do not let a warranty period run out while you wait for the next attempt.

My contract requires arbitration. Does that end my case?

No. It may change where the case is heard. Arbitration clauses and warranty programs have their own steps and deadlines, and in some states choosing one remedy can limit another. Get advice before you file a warranty claim or an arbitration demand.

What does it cost to have my situation reviewed?

The first conversation is free. If we take your matter, the fee terms are put in writing before any work begins.

Find Out What Your Builder Owes You

Email msiddons@siddonslaw.com with the name of the builder, the date you closed or moved in and the problems you have found. We will reply with the list of documents we need.