Dead mouse in interior wall

[mtan64]

What is the name of your state? California

After living in my newly-built home for just over a year, a mouse died within an interior wall. I found a small hole outside the house where it should not have been had the house been properly and completely "stuccoed." This is the likely place through which the mouse got between the walls because the other day I saw a mouse coming in into the hole. Is this a construction defect, negligence? Is the builder liable for getting the mouse out and plugging up the hole with stucco? Thanks in advance for any responses.

 

[HomeGuru]

What is the name of your state? California

After living in my newly-built home for just over a year, a mouse died within an interior wall. I found a small hole outside the house where it should not have been had the house been properly and completely "stuccoed." This is the likely place through which the mouse got between the walls because the other day I saw a mouse coming in into the hole. Is this a construction defect, negligence? Is the builder liable for getting the mouse out and plugging up the hole with stucco? Thanks in advance for any responses.

**A: those dirty rat builders. Yes, contact the builder.

 

[mtan64]

The builder refuses to take action claiming that it is not liable for the incident. Their reasoning is based on the fact that the house was delivered to me free of pests and no further guarantee is granted under the Limited Waranty Manual. I disagree. I claim that the hole in the exterior wall is a construction defect in the category of contruction deficiency (poor quality/substandard workmanship). The hole is not the result of lack of maintenance or normal wear and tear. Therefore the builder is liable. Does my argument stand a chance in small claims court? Thanks for any answer opinions.

 

[HomeGuru]

You are correct in your position.

 

[HomeGuru]

Contact the CA contact of www.hadd.com for more info.

 

[mtan64]

Thanks for affirming my position. Because of it, I wrote the builder a letter saying that I will take them to Small Claims if they did not reimburse the cost of removing the dead mouse. Within two days of sending that mail, the builder's attitude turned 180 degrees from being uncompromising to being quite helpful. The builder reimbursed the money. The damage was not much but I was willing to pay court filing fees greater than the cost of the damage. I thought that I would get an education from doing it and the builder obviously need some education too. Thanks.

 

[HomeGuru]

Good news.