Is builder responsible for having waterproofing crawl space? (attorney, new home)

[Halnc11]

Hello,
I purchased a new home in June of 08. Water began to penetrate the crawl starting in November. During heavy rains there is water 7-inches deep at the crawl door. The builder says that he does not have to pay to have this fixed since he followed the NC building code per waterproofing the crawl. I am ironically in the waterproofing business so fixing the problem is not the issue. However, we do now have some mold on the floor joist and it does not seem fair that we would have to fix the problem our selves. Do we have any recourse to make the builder fix this problem or are we just stuck with paying for it ourselves? Any information would be greatly appreciated.

[brokensky]

As long as he followed code, it sounds like you have to fix it yourself.

However, I question the landscaping and water flow that is causing the problem. That is where I would start my research and see if someone might be responsible for improper drains.

Get a sump pump and some bleach and have at it, LOL. I think you are really gonna be stuck on this one yourself unless you can prove that there is a drainage problem that is the responsibility of some other party.

[UK_to_USA]

In my opinion you should be within the 1yr warranty all tradesman give on workmanship and products to a new home. Drainage control should be no different.

[Stratgirl]

I agree with the 1yr warranty. We just passed our one year mark and had a large list of items ranging from cracks in the sheet rock/woodwork from settling to a small drainage issue in the yard. They have either fixed or are in the process of fixing every single item on our list without any hesitation. Good luck!

[brokensky]

Water issues are usually very difficult to mitigate and no one wants to take responsibility for repairing (and especially - for causing or failing to properly control drainage). I have been in a tangle w/ drainage issues that occurred at my home b/c of changes in topography from a home being built next to ours.

I would suggest taking pictures and tracing the water path, etc. . . . but unless you are willing to put many hours into this . . . including writing letters, making phone calls and literally creating a paper trail on how the water ended up in your crawlspace . . . and HOW it occurred and you can PROVE that it was a particular party that caused the problem (or failed to address it) . . . as I said earlier, you will probably end up taking care of this on your own.

I certainly would do everything I could to try to prove my case. I ended up "winning" my case w/ the contractor next door, but the time it took was unbelievable and it was a drawn out process even after all parties agreed on a solution.

[jpatte]

Originally Posted by Halnc11

Hello,
I purchased a new home in June of 08. Water began to penetrate the crawl starting in November. During heavy rains there is water 7-inches deep at the crawl door. The builder says that he does not have to pay to have this fixed since he followed the NC building code per waterproofing the crawl. I am ironically in the waterproofing business so fixing the problem is not the issue. However, we do now have some mold on the floor joist and it does not seem fair that we would have to fix the problem our selves. Do we have any recourse to make the builder fix this problem or are we just stuck with paying for it ourselves? Any information would be greatly appreciated.

The builder should be fixing this problem. The issue is not whether he built to code. Your legal arguement would be about the quality of the workmanship. I would push him on this and use a construction attorney if necessary. It may take time, but since you have identified the problem during the first year, you should be covered. I am in the business of fixing this type problem, but recommend that you keep pushing your builder to fix. Most builders use a "right to remedy" clause in their contracts which limit your ability to hire someone else to fix their mistake. If it were my home, I would start a paper trail. Send a letter, or have an attorney send a letter. I would outline past discussions and state your expectation that the waterproofing be repaired to an acceptable standard ie: no significant water penetration and that the mold colonies be removed from the crawlspace by a qualified remediator.

[3kidsno$]

Have a crawl space specialty company do an inspection, most are free or pay to have a home inspector do a writeup. Clean Air Technologies 704-684-0207 or Accudry - 704-779-8878 are good.