Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I thought the same thing about the home inspection. I specifically recall the inspector telling us he was not required to physically go on the roof, and he just did a "visual" inspection from the ground. I forget why he said he wasn't required. However, it wouldn't really matter in this case as the problem is on my neighbor's roof and not mine.
I haven't been home since all of this happened but I will review the paperwork and inspection report when I get home.
Although it may seem that way, this isn't a matter of me just wanting to hear what I want to hear. What bothers me is that there's no accountability in cases like this. Honestly, if any of you were in the same situation your attitude would be "eh, it's been 10 years, probably no point in holding the builder responsible". No way. Good grief indeed!
Actually, I have sucked up many surprises since we bought our house 8 years ago. My latest was the $4500 I shelled out last fall to repair a chimney that the inspector failed to note was falling apart. Thats just one example of many. We were first time buyers so we weren't as aware of things to look for which is why we hired an inspector to begin with. It's part of owning a home and sadly I agree with you, there is rarely accountability for stuff like this.
If you haven't been in your place for the full 10 years I'm not sure how you are going to prove that it was the builders fault regardless of what a roofer is telling you. I'm really not trying to be a jerk here, I just think you are being a bit unrealistic and you are in for a potential costly and long process to see any funds from the builder. 10 years is a pretty long time.
Which raises another question - wouldn't this be your insurance companys battle to fight?
I'm with Uconn. I ran into some old water damage from flashing that wasn't installed correctly in 1992 when the house was built. The inspector didn't catch it. Neither did the inspector from the previous owners, the ones before them or the original owners. It's not going to be fun to get in and fix, but houses are just like that. I don't know how many times I've seen Bob Villa or someone open a wall on an old house in New England to come across surprise water damage from something that wasn't done right decades earlier. In the long term sometimes there's just no recourse. In this case 10 years may be too long.
Yes, hopefully the insurance company is cooperative in which case problem solved (excluding the deductible), but I'm not going to count on them.
I don't mean to be a jerk either, but the reality of the situation is that my 15 month old son has been sleeping in a mold infested room his whole life, and I'm supposed to shrug my shoulders and walk away? That's not how I do things. I may not win this battle but I won't go down without a fight.
Spoke to neighbor last night and she confirmed she's had no work done on roof since she lived there. There's been only one other owner of that unit since it was built and she's going to get in touch with them to find out (she's friendly with them). So there's a chance we'll be able to definitively trace this back to the original builder.
Quote:
Originally Posted by Uconn97
Actually, I have sucked up many surprises since we bought our house 8 years ago. My latest was the $4500 I shelled out last fall to repair a chimney that the inspector failed to note was falling apart. Thats just one example of many. We were first time buyers so we weren't as aware of things to look for which is why we hired an inspector to begin with. It's part of owning a home and sadly I agree with you, there is rarely accountability for stuff like this.
If you haven't been in your place for the full 10 years I'm not sure how you are going to prove that it was the builders fault regardless of what a roofer is telling you. I'm really not trying to be a jerk here, I just think you are being a bit unrealistic and you are in for a potential costly and long process to see any funds from the builder. 10 years is a pretty long time.
Which raises another question - wouldn't this be your insurance companys battle to fight?
Yes, hopefully the insurance company is cooperative in which case problem solved (excluding the deductible), but I'm not going to count on them.
I don't mean to be a jerk either, but the reality of the situation is that my 15 month old son has been sleeping in a mold infested room his whole life, and I'm supposed to shrug my shoulders and walk away? That's not how I do things. I may not win this battle but I won't go down without a fight.
Spoke to neighbor last night and she confirmed she's had no work done on roof since she lived there. There's been only one other owner of that unit since it was built and she's going to get in touch with them to find out (she's friendly with them). So there's a chance we'll be able to definitively trace this back to the original builder.
You can't have it both ways. It is either the contractor's fault, or an insurance claim.
You will lose with the contractor. Stop building a case for your insurance to not pay.
Actually you need to pull the permits for the construction of the roof. If the county signed off that it was built to code at that time, then the builder cannot be held accountable for it. Whats code in one county may or may not be code in a neighboring county. Just go to the insurance company and let them deal with it.
The shingles were not properly installed. There was no flashing put under the shingles. As a result, I have significant water damage. Move on?! This was a direct result of their negligence. Contractor who saw damage today is sure this has been going on for quite a while based on the damage.
Builder is still in business, they are quite large in this area and have built thousands of these townhomes.
What's with the this may or may not have been the builder's fault--whose fault would it have been but the builder!? They were negligent. The problem & cause have been clearly identified and whoever installed the roof (uh, builder) is at fault.
I don't doubt it could have been the builder who caused this, but 10 years would never stand up in court. I used to work for Boles, which if I remember correctly, was the second biggest builder in the country. Based out of Colorado. We had a a 3 year warranty on our buildings, and would stop fulfilling customer claims after that time period. There was some legal basis for them to do this, although I admit, I have no idea what it is.
I'm no lawyer but I have seen, and heard of dozens of situations like yours, most dealing with floors, and none has ever panned out for the homeowner. It's just too much time.
Are you the original owner? What kind of shingles did you put on your roof, and if you know, what was the warranty on them? Was there ice and water shield on there (obviously you don't have flashing)? If I were you, I would file a claim with your insurance company, and just assume the higher interest rate. You will waste your money on lawyers and not see a penny if you pursue this legally. Everyone has stuff like this happen to them at one point or another. I could tell you about nightmares I've had to deal with...
A few things come to mind.
You have based a lot on the "last guy in" telling you it was never right, etc. He may, or may not be totally correct.
10 years is a long time for water to leak and not leave some sign of it inside the house. Were there signs when you did the inspection? did the walk thru? moved in?
As far as the inspector not going on the roof. While I try to get on every roof I can, I will not go on roofs that have a very steep pitch, or are higher than my 17' ladder will access. Home Inspector Standards of Practice say that we will INSPECT the roof, but are not required to walk one when it is not safe (as deemed by the inspector). So yes, we have to inspect them, but NO we don't have top walk them. If we don't walk them, we have to tell you how we inspected it.
As far as going after the builder, it will be a lost cause. Even if it was a defect caused during the original construction, there is a statute of limitations. In TN its 4 years. It's just not reasonable to expect a builder to be on the hook for ever.
I think I would probably turn it in to my insurance company and get it fixed and move on.
I'm assuming we could hold them responsible for any costs we incur, correct?
Nope. Builders have a warranty on new construction, usually 6 mos to 1 yr. After that, it is the homeowners' responsibility. If you had discovered the problem during the warranty period you could have had a claim, but not after. Certainly not for a problem that didn't even appear for ten years.
The inspector said the problem may have been going on for a while but that doesn't mean it has been going on since the house was built. And his statements are not legally binding or evidence of fault. Particularly if, as you describe, he is a contractor not an inspector--as a contractor he has an investment in telling you that major and expensive repairs are required.
Quote:
the section of the roof that is missing the step flashing is on our neighbor's roof, not ours (as I said, it's a townhome). So technically this is her problem and she's responsible, correct
Possibly to an extent. But as a buyer of a townhouse you accept implicitly that you are sharing a structure with someone else, and accepting the risks that come with it. And of course suing your neighbor for repairs is likely going to cause a rift with your neighbor.
Quote:
the reality of the situation is that my 15 month old son has been sleeping in a mold infested room his whole life, and I'm supposed to shrug my shoulders and walk away?
Pulling the emotional 'but my child! my child! my child!' card isn't going to get you anywhere legally. Leave out the emotional and sentimental embellishments.
NeilVA and Barking Spider are both correct....good posts.
I'll just add that I believe the insurance company may not cover this.....I'm no expert here, but it was my understanding that insurance companies cover things that are not long term, only short term. I am not explaining this very well, but say you get water damage from a roof that shows evidence of needing repair due to age, etc. The damage would not be covered, since it is the homeowners responsibility to keep the home in good repair.
Now, if a tree branch fell on the roof and put a hole in the roof, causing water damage, etc, it would be covered, because it is not from a lack of maintenance.
I honestly do not know here.
The party responsible seems to be either the builders or the city inspector who signed off on this. The home inspector did his job per the standards.
Step flashing is very difficult sometimes to inspect, because even when done properly, it is not visible. The vertical part goes under the siding, and the horizontal part goes under each end shingle. If the siding is not kept up an inch or two, you may not be able to see it. Even if it is there, if even one is missing, or if there is a concealed nail hole in the flashing under the shingle, it could cause problems. Many times step flashing is not installed properly. It should not be nailed on both faces.
I am sorry for your situation.
Frank
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
