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Code Violations -- Do We Have A Case?

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L

LAHFL

Guest
What is the name of your state? FL

Background: We live in a 60 house subdivision built by one developer and builder. Houses are 11-12 yrs old. We bought a resale from original owners 6 1/2 yrs. ago.

Just learned today that roofs(not just ours, but many, possibly all in here) have a serious code violation -- missing 30# layer and metal tags(?), yet list of inspections done during building phase shows metal roof inspection passed. Several neighbors have had or are having roof leak problems (all tile roofs). We had small leaks over garage 2-3 yrs ago. One neighbor just did complete reroof.

Also have major defects in design in master bath shower in all 2-story models. Shower pan leaks down to first floor. We had major damage behind walls and under floor. We are in the process of redoing entire shower.

Was told by an attrorney that the shower problem is a lost cause as the builder would drag it out in the courts forever. Was wondering ifd you think we have a case for the roofs since it is a blatant code violation. Whre do we start? Do we contact the developer, call county building & zoning, or find a good attorney.

Thanks for any help.
 


HomeGuru

Senior Member
LAHFL said:
What is the name of your state? FL

Background: We live in a 60 house subdivision built by one developer and builder. Houses are 11-12 yrs old. We bought a resale from original owners 6 1/2 yrs. ago.

Just learned today that roofs(not just ours, but many, possibly all in here) have a serious code violation -- missing 30# layer and metal tags(?), yet list of inspections done during building phase shows metal roof inspection passed. Several neighbors have had or are having roof leak problems (all tile roofs). We had small leaks over garage 2-3 yrs ago. One neighbor just did complete reroof.

Also have major defects in design in master bath shower in all 2-story models. Shower pan leaks down to first floor. We had major damage behind walls and under floor. We are in the process of redoing entire shower.

Was told by an attrorney that the shower problem is a lost cause as the builder would drag it out in the courts forever. Was wondering ifd you think we have a case for the roofs since it is a blatant code violation. Whre do we start? Do we contact the developer, call county building & zoning, or find a good attorney.

Thanks for any help.
**A: is the developer/contractor still around? If so you could try, but being that so much time has passed, your chances are slim. Try www.hadd.com
 
L

LAHFL

Guest
The developer is still around and building. All this time passed because these were latent defects that don't show up immediately.

Do you think there is a chance we can do something with the county building department since this is a clear code violation and one of their inspectors signed off on it? Or should I just contact the developer and sweetly offer to share my story with the local media if they refuse to rectify this? I'm sure the angle of inspectors signing off on work that isn't done is one the reporters will love.
 

HomeGuru

Senior Member
LAHFL said:
The developer is still around and building. All this time passed because these were latent defects that don't show up immediately.

Do you think there is a chance we can do something with the county building department since this is a clear code violation and one of their inspectors signed off on it? Or should I just contact the developer and sweetly offer to share my story with the local media if they refuse to rectify this? I'm sure the angle of inspectors signing off on work that isn't done is one the reporters will love.
**A: contact everyone such as Contractor's License Board, BBB, Building Department, HADD, your insurance company, the project architect/engineer, roofing building material manufacturer, newspaper, radio, tv. etc. and do not give up.
 
L

LAHFL

Guest
First on my list for Monday morning is a call to a local attorney who specializes in construction defects. What is HADD?

Thanks for the help.
 
L

LAHFL

Guest
Yes, I did read your response. If a lawsuit becomes necessary to remedy this situation, I do not want to jeopardize it by having made contacts that I should not have before talking to an attorney. Yes, I will definintely pursue the avenues you recommend. Are you suggesting that the attorney will not be necessary or that I should try these other sources first?

Again, what is HADD?

Thank you.
 
C

Ct_Pumpkin

Guest
HADD Homeowners against defective dwellings. do a search, I dont know the exact mailing address. Lot of info on thier site.
 
L

LAHFL

Guest
Thank you both for the info on HADD -- very good stuff on their site.

HomeGuru -- the developer is still around and building like crazy. I doubt they would want any bad publicity right now. Statute of limitations (4 yrs) starts from time we detected the default (now). State statutes give the developer 60 days to remedy or complete plans to remedy the default before we can take legal action. First step is to notify them of the problem. I've been busy this morning researching Florida law. I still want to consult an attorney so that I don't mess this up, but will also pursue the other avenues you suggested.

I also want to pursue the fact that a metal roof inspection was signed off on when that layer of the roof he was supposed to have inspected does NOT exist. I do think that that issue is the one that will draw the media like flies.

Thanks for your help.
 

HomeGuru

Senior Member
LAHFL said:
Thank you both for the info on HADD -- very good stuff on their site.

HomeGuru -- the developer is still around and building like crazy. I doubt they would want any bad publicity right now. Statute of limitations (4 yrs) starts from time we detected the default (now). State statutes give the developer 60 days to remedy or complete plans to remedy the default before we can take legal action. First step is to notify them of the problem. I've been busy this morning researching Florida law. I still want to consult an attorney so that I don't mess this up, but will also pursue the other avenues you suggested.

I also want to pursue the fact that a metal roof inspection was signed off on when that layer of the roof he was supposed to have inspected does NOT exist. I do think that that issue is the one that will draw the media like flies.

Thanks for your help.
**A: good luck to you.
 

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