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Subject: Leaks in a new building

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MaryP4
(New Jersey)

Posts:3

10/28/2006 8:44 PM
I am in desperate need of some help regarding our building. I recently took over as president of our association and inherited some problems. It's a new 8 unit bldg just barely a couple of years old but we're having major leakage problems. One of the units has water coming in through on of their windows and the other unit has water coming in through their walls (they literally had a water bubble this morning after some heavy rain last night). I had an EIFS inspector come in last week to take a look because I thought our problem might be stemming from the EIFS siding on the bldg. He reported back to us that the window leak can be stemming from the gutter and the roof and the window may have to recaulked (since it looks like they weren't sealed properly). The other leak (the water bubble) is much more serious and it seems that a small terrace above the affected unit is a contributing factor. It's flat and there's no pitch to it, the Trimax moisture meter showed high moisture everywhere it was placed on the terrace, the flashing between the balcony and the wall was tarred (they used a rolled roofing material on it) and there's all sorts of gaps in between the bricks and the EIFS siding wasn't properly terminated where it meets the brick wall. There's a bunch of other particulars that would take me the rest of the night to list. The owners of this unit have been dealing with this leakage since they moved in (2 yrs ago) and supposedly the builder has 'fixed it' three times. Our units were guaranteed warranty was for one year although the warranty for the building is for ten years. When I called the warranty company, they said that the builder is only responsible for structural damage. BTW, the builder is now operating under a different name although still at the same address. Scary, right? So finally, my question is this. Is the builder actually responsible for the mess we're in since this was a problem that was basically never corrected? And one more thing. The EIFS was not properly installed in the back of the bldg. I placed a call to the builder this past Thursday as did the owners with the bubble leak but neither one of us has heard back. I was wondering if we should retain a lawyer to help us deal with this. I apologize for the long post and again, any help would greatly appreciated. Thanks, Mary

BrianB
(California)

Posts:1748

10/30/2006 8:04 AM
you will need to look at the warranty for your building from the builder, as well as the state laws regarding new property warranty. not knowing the length of time an owner has to find and address issues, i can't say if the leaks are "under warranty" or not for you. a lawyer might be helpful in dealing with the builder, yes.

JosephW
(Michigan)

Posts:787

10/30/2006 6:29 PM
Attorney - yes! It sounds like the builder is responsible, but so what? If they won't make the repair, or are no longer collectible, then the association is still going to have to deal with the leaks. Attorney first - to make sure you take the proper steps in case litigation is possible and worth doing. The attorney will probably want an architect or engineer to determine the exact problem, cause, proposed correction and cost. The attorney will also investigate as to the warranty issues and whether it makes any financial sense to sue the developer. In any event, you're going to burn through some money. I'd sit down and talk to the owners to give them a "heads-up" that some preliminary costs are coming their way. Joe

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BradP
(Kansas)

Posts:1742

10/31/2006 11:03 AM
absolutely get an attorney. On the surface I would say the builder is responsible, however, as everyone else has said gettign them to pay or fix it is another story. But an attorney can help you through all the red tape, and your first priority should be to get the building fixed and a lawyer can help you do that without losing your litigation rights.

MaryP4
(New Jersey)

Posts:3

11/02/2006 5:18 PM
The lastest...The builder has contacted the owner with the major leak and they're supposedly coming by next week to do some fixing. I just need to stay on top of them to make sure they actually fix it. There's a couple of guys who will be doing some tile work in our place. They do all sorts of construction work and they'll be advising me on what needs to be done. If there's any fight on the builders' side to not do the repairs as we want them to be done, we'll then hire a lawyer. I really appreciate all the advice. It's really wonderful to have a forum available like this. I've learned a lot! Mary

SidneyP
(Florida)

Posts:292

11/02/2006 5:50 PM
Your title is New Building....yet you say: "The owners of this unit have been dealing with this leakage since they moved in (2 yrs ago) and supposedly the builder has 'fixed it' three times. And you say it is still leaking. In our CC&R's it states that problems such as this much be fixed ASAP to prevent further damage, then you go after the builder about the warrenty. If these are problems that the HOA are responsible for taking care of (after warrenty) then the assiciation should have seen that the problems were fixed right away. If the HOA isn't responsible for the problem then the owner HO insurance should have taken care of it. Either way, you don't just sit back for two(2) years and let the problem continue. Of course this is only my opinion and the way I understand our CC&R's. I know I certainly wouldn't live with leak problems for two (2) years.

BradP
(Kansas)

Posts:1742

11/03/2006 6:15 AM
Mary: It may be a good idea to engage an independant home builder to get another opinion. Most of us are novices when it comes to construction and can get the wool pulled over our eyes on things, but another builder could tell you more. Just a thought.

MaryP4
(New Jersey)

Posts:3

11/03/2006 6:37 AM
And you're absolutely right and if it were my home, it would've been fixed way back. But unfortunately the prior president was a little lax in regards to what his responsibilities were. And so, here we are. This is what I've inherited in taking over the throne and I have to deal with the situation in the present. Also, in this particular builder's world fixing it meant putting a bandaid on the leak and not really making the effort to do it properly. The HOA should've followed up and been on their butts when it wasn't fixed right the first time (or second for that matter). I do have some outside help in the construction guys that I mentioned previously. They are offering the same suggestions in what should be done as the inspector so I feel that we're heading (finally) in the right direction. Mary

SidneyP
(Florida)

Posts:292

11/03/2006 10:17 AM
Well, the way I see itis that it is the HO's responsibility if they neglected to correct the problem and the problems got worse.....It was their responsibility first and foremost to take care of the situation and not set back for 2 years. The HOA should be out of it now. We had a HO do exactly the same thing....she complainted about a leak, the builder sent some one out, thought the problem was fixed...she is still complaining about the leak and the developement was built in 2002. Why would she choose to not repair the leak herself when it concern such a large investment. Why sit back and continue to cry about it 4 years later. Letting your home deteriorate further from water damage should not have been an option in either case. The HOA in our case is not fixing her problem because of her neglect and it shouldn't be your HOA's either, not now.

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