Basement leakage and Builder neglect

What is the name of your state? Massachusetts
I'm so upset I just don't know who to talk to about this problem. I bought a new condo/townhouse about a year ago that has been given me problems with leakage in the basement since day one. Water seems to come in from the window every time it rains. When I noticed the leakage I immediately contacted the builder and after constant calls and nagging he finally responded and placed gutters. So I thought that was the end of my problems. Two days ago my basement started leaking again from the same place...window in the basement overflowing with water. I called his office and left him a message with his secretary that promised he would get back to me. I waited, waited and waited some more……I really have had enough. I'm just so frustrated with this guy. He is so inconsiderate. I have personal belongings that got ruined not to mention my heating system that now has rust growing. Can I report this builder to someone? Who do I report it to? Can I legally have him fix my basement? Please help!

He's got your money, now coming back to fix problems just costs him money. If he can stall you long enough for any legal obligation to run out, he will. You need to notify him in writing and send it by certified, return receipt mail, before deadlines run out. This is recommended no matter what, but some states actually require notification be done in this manner.

This page tells what agencies regulate builders in MA: http://www.alcosystems.com/StateLicensing.htm#MASSACHUSETTS

This page tells which states have "right to repair laws," that are building industry friendly and spell out the process you have to go through to proceed with a complaint: http://www.nbnnews.com/NBN/issues/2006-04-03/Front+Page/index.html

Check your contracts for an arbitration clause. Depending on several factors you may not have any recourse through the courts due to the arbitration clause, but you should still have the right to contact any state agencies, consumer protection organizations, etc, if the builder remains unresponsive to your certified letter. I have heard of a few builders who try to put clauses in their contracts stating you can't even complain in the event of a dispute but from what I've seen, that kind of clause generally backfires due to bad publicity and sometimes being unenforceable anyway. If you have a no-complaining clause I would bring it to the attention of the state agencies etc, that handle consumer/builder complaints.

Window leaks are often due to improper installation of the window and siding. Check some building sites like jlconline.com etc. Many new basements are installed wrong, too, with no proper drainage. Builders are telling people it's "normal" and sadly, some are buying that excuse.

There are various consumer groups dealing with just this problem: hadd.com and hobb.org are two I recall the URL's off. They can give information that's helpful but not legal advice. The sad fact is, once the builder has your money there is far less legal recourse than people think, going into the sale. Good luck!

Pardon my simplistic questions, where is the water coming in, under or around the window? Is this window surrounded by a window well, if so does it have a cover over it?

Catman said:

I have a similar situation. I hired a builder to build our house and haven't had an issue until last week when the heavy rains brought up the water table and my foundation began to leak. My neighbor and I had to cut a hole in the floor to relieve pressure and install a makeshift sump pump system. My wife and I have it moderately under control but have decided to cut the carpets out of the finished side since they've been wet for days, etc..

Now, we are faced with a minimum or replacing carpets and drainage work. There is probably going to have to be some exterior drainage and a permanent interior drainage system. all of this could have been avoided had the builder installed drainage along the foundation. At the time it might have cost me a small portion compared to what this will cost after the fact. I assumed he was doing things right, which is why I hired him. He has a good reputation and is also a part time building inspector. I know there was no drainage installed along the foundation since I took pictures when the work was being done.

I am now just outside the one year warranty, do I have any recourse whatsoever if he baulks at rectifying the situation?

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Start your own thread. Its too confusing to figure out which person is responding to which person-who-asked-the-question. So, board rules-start a new thread.

Basement leakage

I want to thank you all for giving me wonderful advice. Thank you. I will review my contract and hope that my home is still under warranty but I have a feeling that it has gone over a few months. I will also mail him out a certified letter. Someone asked, where was the water coming from? The water is rising from the window well and overflowing (leaking) through my basement window....and i do have a cover over it and gutters but water rises. Again, thank you all!