Most homebuilders will respond quickly to true emergency items during the applicable one, two, or ten year warranty periods. Warranty emergencies are issues that seriously and immediately affect the quality of life in your home and need immediate attention. Phenomena such as a plumbing-induced flood, a leaking roof causing costly interior damage to your home, a total failure of your heating system in 30-degree weather, or your electrical system failing when all homes around you are not in trouble are examples of warranty emergencies. You’ll be given precise instructions on what to do in these instances and others during your orientation.

To other, more common fix-up jobs, such as cosmetic repairs to paint, drywall, or less-than-perfect installations, builder’s customer service departments will usually try to button up and have you sign off on such items within the first 3-6 months.

A slight bulge in your kitchen floor that has not changed in proportion since your move-in, then, is not a construction emergency. It is, nevertheless, downright bothersome, irritating, and even embarrassing to you, especially when visitors notice it.

The way you go about resolving an anomaly such as this goes a long way towards getting the results you seek. Observing the honey versus vinegar rule, brow-beating, rudeness, sarcasm, or threats are definitely not the way to get customer service personnel out to your doorstep any time soon.

Here, then are the steps that (hopefully) will result in success:

• Write a separate letter, describing the problem, when and with whom it was discussed, what was promised. Include your name, address, home site number (if you can remember it), work, home and cell phone numbers. If at all possible, type it for optimum legibility. Keep it brief and to the point, but include all the relevant details.

• It’s best to review your warranty coverage BEFORE you send the letter, so that you can confirm that the item you are requesting is indeed covered. If the warranty period for that particular item is expired, understand that the builder may not even have to respond. For sheer goodwill, many still do respond within a short period after they are required to by the warranty, however.

• Include copies of all requests for the problem to be resolved and approximate the dates you spoke to builder representatives concerning the problem. This can include items in your original walk-through item list as well as subsequent petitions for attention.

• State precisely what you want done (if you know what the job may entail) and how soon you expect it to be resolved, within reason, of course.

• Keep a copy of everything you send.

• First fax it and then mail or overnight it (with return receipt for documentation purposes). It's not a bad idea to call the warranty/customer service number for your builder to tell them that any and all of the above is on its way, and you expect a call back within a few days of receipt of your tidy little package.

• Make sure you are there at the time you have agreed to meet the sub-contractor assigned to the problem. Rescheduling him any time soon after you stand him up may not be easy, so be sure to keep your appointment.

• Be prepared for what may come in the repairs you seek. The slight bulge in the kitchen floor may mean that the vinyl as well as the floorboards themselves will have to be pulled up and replaced. The vinyl you originally chose may not be available or may even have been discontinued. The same goes for tile, laminates, or hardwood. And as we mentioned when discussing builder warranties, if the flooring surface was something you had installed after you bought the home, and not through the builder itself, the builder may not be bound to replace it, according to many new home warranties.
• For items such as appliances, remember what the builder instructed you to do during your walk-through. Did you send in all those warranty cards or complete your warranty information online? You must deal directly with the manufacturer of individual products such as dishwashers, stoves, microwaves, etc. Their 800 number customer service numbers will be listed somewhere on the accompanying brochures and paperwork and procedural steps may be available on their web sites.

• Go through the builder with your complaints before taking this any further. If you and the builder reach an impasse after a reasonable opportunity for the builder to respond, the builder may suggest the use of an arbitration firm to assist both sides to come to an agreement. If the builder is determined to be at fault, the arbiter may ask that you give a specific but ample time for the builder to address the issue before taking further steps. Remember, though, that the outcome of such arbitration is almost always binding upon the builder. In most cases and in most states it may not prevent you from taking the issue further if you have not received the proper remedy. Call a real estate attorney and discuss your prospects if things get this serious.

• A concurrent step would be taking your issue to the local homebuilder's association. If your builder does not belong to it, the local association may have their own system of resolving construction complaints without your having to take legal steps.

• The last resort may be small claims court or higher (depending on the dollar amount it may take to fix the problem). Just remember all those "People's Court" admonitions to have back-up, substantiating paperwork prepared and photos documenting the issue.

It is not our purpose is not to scare you by discussing what can go wrong when buying new construction. A very small percentage of homeowners have to “go postal” about getting attention to most warranty items. As we’ve said, doing a thorough investigation of the builder before you purchase is the best idea. But since stories and rumors of shoddy construction are circulated in some areas and about some homebuilders, becoming educated on these issues is a way to know what to look for and how to handle it.

Visit Dena Kouremetis' web site at www.customhomesunlimited.com.