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Home Construction Defect Problem

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falconx44

Guest
What is the name of your state? IL

My wife and I bought a newly build two-story house Dec 1997. There are two rooms in the front first floor with bay windows (Dining room and Living room) Home Warranty are supposed to be one year. Within 1 year, we have notice water leak in the ceiling of both living room and dining room (During a big storm). We called the builder and they came and "fix" the problem by chaulking the bay window area.. Since then, we continue to have the same problem occurring once every year or two depending on the type of storm and direction of the wind (so it doesn't occur with every rain). The builder has since changed name and management and we have called and left list of things to do for them. I believe they might have chaulk it again maybe once more.. but we seem to talk with different person each time. Then there was a very big storm 7/04 and the leak even extend 8-10 feet from the bay windows. Going back to the builder, they told us that warranty is too far gone. I eventually hired a roofer who again chaulk the area (This time I did see that the chaulk were cracking). But this past 08/04, there was a storm and again some leak near the bay window. I check the bay windows myself and there is no crack in the chaulk. I have ask the roofer to look at it again and was told that the shingles in the bay windows need to be remove and replaced with added flushing or something like that (since it was not done properly by the builder). Cost $1000.. I have asked another roofer to look at it and was told to need anchor on the shingle. Cost $300...I feel that this is construction problem to begin with. I don't seem to be able to get thru the builder company. What are my choices? What can I do? Even if I have it repaired, I don't seem to have a guarantee that it won't come back. Each roofer seems to have a different solution for the problem. Can I file a civil suit or small claim suit against the builder? Is the house too old now for any claim?
 
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HomeGuru

Senior Member
falconx44 said:
What is the name of your state? IL

My wife and I bought a newly build two-story house Dec 1997. There are two rooms in the front first floor with bay windows (Dining room and Living room) Home Warranty are supposed to be one year. Within 1 year, we have notice water leak in the ceiling of both living room and dining room (During a big storm). We called the builder and they came and "fix" the problem by chaulking the bay window area.. Since then, we continue to have the same problem occurring once every year or two depending on the type of storm and direction of the wind (so it doesn't occur with every rain). The builder has since changed name and management and we have called and left list of things to do for them. I believe they might have chaulk it again maybe once more.. but we seem to talk with different person each time. Then there was a very big storm 7/04 and the leak even extend 8-10 feet from the bay windows. Going back to the builder, they told us that warranty is too far gone. I eventually hired a roofer who again chaulk the area (This time I did see that the chaulk were cracking). But this past 08/04, there was a storm and again some leak near the bay window. I check the bay windows myself and there is no crack in the chaulk. I have ask the roofer to look at it again and was told that the shingles in the bay windows need to be remove and replaced with added flushing or something like that (since it was not done properly by the builder). Cost $1000.. I have asked another roofer to look at it and was told to need anchor on the shingle. Cost $300...I feel that this is construction problem to begin with. I don't seem to be able to get thru the builder company. What are my choices? What can I do? Even if I have it repaired, I don't seem to have a guarantee that it won't come back. Each roofer seems to have a different solution for the problem. Can I file a civil suit or small claim suit against the builder? Is the house too old now for any claim?
**A: you do have a claim but it is not economically feasible to pay a construction defect litigation attorney $10K to fix a $1000 problem. The word is flashing, not flushing. Flushing is something you would want to do to the builder. And the word is caulk as in cauking. Now I'm done taulking. Thanks.
 
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falconx44

Guest
Thanks for your reply and advise, Home Guru. I was kind of suspecting that it might cause me more to hire a lawyer than to fix the problem. Except, I keep getting a different answer to our water leak problem and I don't want to keep repairing the problem for $1000 for each repair when it was a construction problem to begin with. I spoke to several different roofers and they can't give me a guarantee that the water leak won't come back.

Do you know if there is a time limit as to when I can file a suit or claim? I will try to call one of the local real estate or construction defect litigation lawyer also.
 
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