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Do we have warranty rights after the 1-year contract warranty?

We live in Oregon. In 2018 we had windows installed. Today (1.12.20), we noticed that the inside trim is noticeably wet and paint is pulling away. We also have realized that flashing was not installed in windows that get a lot of rain. My question is this - although we are outside of the 1-year warranty - do we have any rights to repairs from the contractor? You should also know that there were other issues with this contractor that we did pursue with the contractors board and ultimately recouped some bond money. Those were issues that were discovered within the 1-year period. This is a new issue that because of the harsh rain we've received has just shown itself. Thank you.

1 reply

Jan 16, 2020

While it appears Oregon builders must offer a warranty on new construction residential projects, it does not appear that the workmanship warranty must cover some specific timeframe. So, if a contractor has offered a 1-year warranty and that 1-year warranty was accepted by the owner, then the work may not be subject to warranty beyond that timeframe. Though, it appears that the home warranties provided by contractors will usually be in the 5 to 10-year range. Notably: A warranty may make fixing issues a lot easier, but an owner can still bring a construction defect claim against their contractor even if the warranty on the work has expired. And, it appears that Oregon owners will have 2 years from discovering a defect (or a time when they should have known about the defect) to bring a claim against their contractor. So, if less than 2 years have passed after finding the alleged defect, then a defect claim against the contractor may be appropriate. In order to assess potential claims and proceed with recovery, it'd be wise to consult a local Oregon construction attorney. They'll be able to review the situation and relevant documentation, then advise on how best to move forward and recover for the damage caused by the defect. Of course, prior to bringing legal claims, it might also be helpful to reach out to the contractor and try to resolve the issue without a formal dispute.

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