Responsibility

[Unregistered-Amfarad]

I have a question I would like to hear some opinions or get some information on how to make a builder liable for poor workmanship.

I have a four year old home that already has some substantial wood rot. At first I thought it was just some trim but now that I have tried to go fix it, I have learned that it is on the wall board and at least 7 to 8 feet up the couple of wall studs that have been exposed when I removed old outside trim (the outside trim is where I noticed the problem). The builder says it is because of bad wood supplied by the lumber yard and the lumber yard says it was poor workmanship during installation.

WHO SHOULD BE RESPONSIBLE?? HOW CAN I HOLD THEM ACCOUNTABLE?

[Unregistered-BobF]

Bad wood? No way! Installation is the problem, but you will have difficulty getting the builder to pay for it.
Start with an inspection by a mold remediating company; get a written report. Then get estimates for repair. Then talk to the builder. You may need a lawyer to push for you.

[Unregistered-Diane]

Did you get a homewner’s warranty when you bought the house? Here in the VA/MD/DC area builders all give an extended (10 year)warranty. Mine has something like 10 years on structure itself. Check into what you have. Neither the builder or the supplier want to have to pay for anything. If you have no warranty, you may have to go the lawsuit route. New houses are expected to stand something like 75 years. You need to have a good, licensed home inspector in also. You may have damage in other places too.

[TheMoldMan]

We deal with a lot of issues with newer homes/condos. MOst of the time when exterior wood rots prematurely it is due to water infiltration behind the wood. Typical causes are lack of drip caps, lack of vapor barrieror just sloppy construction. Remember caulk does not take the place of properly install components.

MM

[Jay J]

I Amfarad,

Get the Inspection by a Home Inspector. I suggest you get one that’s ASHI-Approved. (You don’t want an Inspector that has a background in Basket Weaving!) If you get the wrong Inspector, and you go to court, just picture the Builder’s attorney asking your ‘witness’ about his background. I would bet that if your witness says he’s a Basket Weaver (by trade), and he’s been doing Home Inspections for 10 years, he STILL doesn’t have a background that qualifies him to really KNOW what he’s talking about. Assuming this happens, the judge may dismiss your case because you didn’t have an EXPERT. If you end up sueing, you want to have the right ‘guns’ firing for you. Yes, it will cost some $$$ which you can’t recover. You MAY be able to get double or TRIPLE damages though. (Talk to your attorney should it come to that. And make sure YOUR attorney is well versed w/the type of litigation you need.)

My best to ya and hope this helps.

Jay J -Moderator

PS: God Bless America!

[MiniFoxx]

with some excellent advice offered. You should post this on the BBS under Construction Project Blog so we can all stay informed on how things are going.

My best to you.

MiniFoxx
Moderator – Construction Project Blog
http://discussions.tommmymac.us/BBS/Construction_Project_Blog/flat-page1.html

Some have better luck next time around,
some don’t, and some don’t even try.

[Anonymous]

It does seem like you have a serious construction law issue. I would not try to fix it. I would use a construction law attorneys free office call. If you were in my jurisdiction I would find this case attractive because somebody’s gonna pay which means I would get paid. There is an implied warranty of hability without the need for an express warranty.
You also might try your local builder’s organization, government inspection department, or your own insurance company.

[Author]

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