Builder Defects

[banker16]

What is the name of your state (only U.S. law)? CA

The owner of the condo next to me has a garage below one of my bathrooms. He complained of a leak in his garage wall, didn't call a plumber for 7 mos until his wall was wet and smelly. Upon inspection by a plumber two nails from the construction of the building were found in the pipe. I believe this to be a builders defect. Is the builder liable or do I have to repair the damages?

I repaired the pipe because the owner of the other condo refused and I wanted to stop the leak, but I have not paid to repair the drywall or paid to dry and clean the wall.

Thank you.

[jhlwstdnt]

Upon inspection by a plumber two nails from the construction of the building were found in the pipe.

Unfortunately this is common. Prior to the installation of the insulation and sheetrock, there is a complete inspection that covers framing, and MEP's. The pipes are filled with water and a pressure test is conducted to make sure there are no leaks. This water, is usually left there until after the installation of the sheetrock, but because the nails "plug" the hole they make, it will not be noticeable, sometimes for years. A GC is lucky if the hole is big enough and the damage is visible.

Is the builder liable or do I have to repair the damages?

When was the house built? Did you try to contact the builder? Also, if you live in a condo, do you not have a homeowners association? If so, they may cover for this type of damage.

[banker16]

the condo was built in 2003. Since it is a builder defect the HOA will not cover the damages. I have not contacted the Builder. The owner of the other condo is telling me to pay or else he will take me to court. I have already paid to fix the pipe simply to stop the leak. I don't think I am liable for these damages and the HOA says they aren't because it's a builders defect

[HomeGuru]

Originally Posted by banker16

the condo was built in 2003. Since it is a builder defect the HOA will not cover the damages. I have not contacted the Builder. The owner of the other condo is telling me to pay or else he will take me to court. I have already paid to fix the pipe simply to stop the leak. I don't think I am liable for these damages and the HOA says they aren't because it's a builders defect

**A: you are liable unless a good attorney can claim the statute of limitations allow you to sue the builder.