Construction Warranty

[asotmhg]

What is the name of your state? Alabama

I have had a problem with water getting in my house when it rains. I have had several people out to try to fix the problem, but with no success. Each time someone would try to fix the problem it would seem to go away for about 2 months and then come back. The leak is occuring at a Bay window area and the water is coming down on the ceiling. I had the exterior flashing redone and a new roof but on the Bay window area ( It has a separate roof from the rest of the house). That did not fix the problem. I had other things done to fix the problem, but the result was the same. I then noticed that only when the rain was wind driven against that side of the house did water pool up on the ceiling. I then discovered that water was actually getting through the brick mortor and running down through the brick and onto the ceiling. I called some brick masons and they all said that there was no flashing laid in the brick to channel the water out of the house. They said that it was not optional, but required to channel the water out of the house. Everyone I talked to said that the brick mason is responsible for the flashing being put in. By the time I figured this out a year had already passed since they had finished the bricking. I believe there is a years warranty implied in Alabama. I have no contract with them. I subcontracted them to brick the house.

Can I have them come out and fix the problem for free?
Can I get someone else I trust to do it and make them pay for having it fixed?
Are they responsible for all of the damages caused by the leak as well as the repair work?

 

[HomeGuru]

What is the name of your state? Alabama

I have had a problem with water getting in my house when it rains. I have had several people out to try to fix the problem, but with no success. Each time someone would try to fix the problem it would seem to go away for about 2 months and then come back. The leak is occuring at a Bay window area and the water is coming down on the ceiling. I had the exterior flashing redone and a new roof but on the Bay window area ( It has a separate roof from the rest of the house). That did not fix the problem. I had other things done to fix the problem, but the result was the same. I then noticed that only when the rain was wind driven against that side of the house did water pool up on the ceiling. I then discovered that water was actually getting through the brick mortor and running down through the brick and onto the ceiling. I called some brick masons and they all said that there was no flashing laid in the brick to channel the water out of the house. They said that it was not optional, but required to channel the water out of the house. Everyone I talked to said that the brick mason is responsible for the flashing being put in. By the time I figured this out a year had already passed since they had finished the bricking. I believe there is a years warranty implied in Alabama. I have no contract with them. I subcontracted them to brick the house.

Can I have them come out and fix the problem for free?
Can I get someone else I trust to do it and make them pay for having it fixed?
Are they responsible for all of the damages caused by the leak as well as the repair work?

**A: did I not respond to this issue on 3/2003?

 

[asotmhg]

This is regarding the same leak, but it ended up not being the roofers fault. I did not complain to anyone about him. I waited to get someone else to redo the roof. When the roof was redone the problem stayed. I have since had someone come out to take a better look and they determined that there isn't any flashing behind the brick. There is supposed to be flashing on the outside of the brick and behind then through the brick. The Brick mason has admitted that there was no flashing through the brick put up there, but blames the carpenter. I spoke with several brick masons and brick dealers and they all said that responsibility for making sure through-wall flashing is installed is on the brick mason. Most carpenters install the flashing, but the brick mason has ultimate responsibility. By the time I figured this out a year had already passed since they had finished the bricking. I believe there is a years warranty implied in Alabama. I have no contract with them. I subcontracted them to brick the house.

Can I have them come out and fix the problem for free?
Can I get someone else I trust to do it and make them pay for having it fixed?
Are they responsible for all of the damages caused by the leak as well as the repair work?

Sorry, if I am being too wordy?

 

[HomeGuru]

This is regarding the same leak, but it ended up not being the roofers fault. I did not complain to anyone about him. I waited to get someone else to redo the roof. When the roof was redone the problem stayed. I have since had someone come out to take a better look and they determined that there isn't any flashing behind the brick. There is supposed to be flashing on the outside of the brick and behind then through the brick. The Brick mason has admitted that there was no flashing through the brick put up there, but blames the carpenter. I spoke with several brick masons and brick dealers and they all said that responsibility for making sure through-wall flashing is installed is on the brick mason. Most carpenters install the flashing, but the brick mason has ultimate responsibility. By the time I figured this out a year had already passed since they had finished the bricking. I believe there is a years warranty implied in Alabama. I have no contract with them. I subcontracted them to brick the house.

Can I have them come out and fix the problem for free?
Can I get someone else I trust to do it and make them pay for having it fixed?
Are they responsible for all of the damages caused by the leak as well as the repair work?

Sorry, if I am being too wordy?

**A: please post to your initial thread. Yes, the one you posted back in 3/2003.