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New Home and Roof Leak

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wstewart003

Junior Member
What is the name of your state? VA

Was in my home for one month when the massive rains and winds hit during the weekend first weekend of September '06. I was on vacation and returned early to find my youngest sons roof leaking. The leak was over the head of his bed and had dripped down on his bedding (mattress cushion, mattress, pillow). Some areas of the carpet were damp and the headboard had some water. I immediately put large pans in place to catch what was coming in and placed after hours calls the the builders cell phone.

The builder came by the following Tuesday, as Monday the 4th was a holiday and looked at the damage. The water was still dripping and by then the ceiling tape had come undone in this particular area and the ceiling had begin to drop in the area over the bed. Insulation was coming out of the ceiling.

The individual from the builders side went into the attick and said he could not find any dampness nor where the water was coming from. They cut the ceiling up and placed plastic over the area to see if more water was going to be produced. Nothing else came out but the insulation. It was just repaired and completed this week. The roofing guy had come by and recaulked areas on the roof several weeks ago.

My question is, should the builder be responsible for the replacement of the items damaged? I have asked and they have indicated that I should file with my insurance company. Of course this would make my insurance go up. Also I do not feel that I should have to file since this is a brand new home and I was in less about 30 days before this happened.

Is this legally my responsibility?
 


Bigfoot

Member
As wrong as it seems, this is a claim under your homeowner's coverage. You may want to try Small Claims Court first, although the maximum amount may be $5000.
 

Buk1000

Member
My question is, should the builder be responsible for the replacement of the items damaged? I have asked and they have indicated that I should file with my insurance company. Of course this would make my insurance go up. Also I do not feel that I should have to file since this is a brand new home and I was in less about 30 days before this happened.

Is this legally my responsibility?
If your new house is still under warranty, (builder's warranty or state required warranty--you will need to look into that), this sounds like a construction defect to me. A new house shouldn't leak. Also, caulking the roof sounds like inadequate construction to me. Caulk is OFTEN used as a repair when the underlying construction is wrong to begin with. I would hire your own expert to find out why it's leaking. Homeowner's insurance normally does NOT cover builder defects. Yet many builders tell their customers to do this. Then, once you have reported it to your insurance, you have a new problem sometimes, as they may indeed raise your rates just because they now know the house leaks and has had water damage, and possibly conditions for mold. These are all things homeowner's insurance companies are increasingly refusing to cover.
 

Just Blue

Senior Member
My lack of ideas about home and roof leaks lead me on this forum. I'm having the same problem that's why I was looking for better answers here. By the way, I'm impressed by how you able to discuss all your answers. Thank you for all the information.
If you have a question, start your own thread, Remember to include your state. Do not post to dead treads...This one is 13 years old.
 

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