Roof issues on new home construction (lawyer, buyer, new construction)

[KaiJag83]

Hi everyone,

Long time reader, first time commenter. My husband and I bought a new construction home last winter, closed in January. Since the closing, we have had several leaks in our roof that we can see when we inspect our attic. The builder has addressed some of the leaks with patching, but have not replaced shingles. From what we have been told, the builder should have replaced shingles and not just patch areas. Recently, we discovered new areas of leaks in the roof that they have yet to be address as we come closer to our one year warranty ending. We did have a roofer look at the roof and he was concerned of mold build-up on the plywood used to construct the roof. He recommended that the attic be tested for mold and if found, the builder should replace the whole roof; however, he refused to provide an estimate or anything in writing.

Our concerns are our rights in this situation. Our thoughts are to have a full home inspection that includes the roof along with a mold test and present the findings to the builder. But, what happens if the builder doesn't agree or repair the roof properly? How do we hold the builder accountable? Any advice or guidance from anyone who is in the business or has had similar experiences would be greatly appreciated.

[escanlan]

Originally Posted by KaiJag83

Hi everyone,

Long time reader, first time commenter. My husband and I bought a new construction home last winter, closed in January. Since the closing, we have had several leaks in our roof that we can see when we inspect our attic. The builder has addressed some of the leaks with patching, but have not replaced shingles. From what we have been told, the builder should have replaced shingles and not just patch areas. Recently, we discovered new areas of leaks in the roof that they have yet to be address as we come closer to our one year warranty ending. We did have a roofer look at the roof and he was concerned of mold build-up on the plywood used to construct the roof. He recommended that the attic be tested for mold and if found, the builder should replace the whole roof; however, he refused to provide an estimate or anything in writing.

Our concerns are our rights in this situation. Our thoughts are to have a full home inspection that includes the roof along with a mold test and present the findings to the builder. But, what happens if the builder doesn't agree or repair the roof properly? How do we hold the builder accountable? Any advice or guidance from anyone who is in the business or has had similar experiences would be greatly appreciated.

The first thing I would recommend you do, and do it quickly, is consult with an Attorney who specializes in new home construction disputes. You are getting ready to face off with a builder who most likely has deep pockets, or deep enough, to create issues for you and fight anything you try. Your Attorney may well want you to perform specific inspections rather than a general home inspection. Why spend the money on a general home inspection now just to spend more once you do have an Attorney involved. Your issues and descriptions certainly sounds like this might go to litigation.

[MikePRU]

Originally Posted by escanlan

The first thing I would recommend you do, and do it quickly, is consult with an Attorney who specializes in new home construction disputes. You are getting ready to face off with a builder who most likely has deep pockets, or deep enough, to create issues for you and fight anything you try. Your Attorney may well want you to perform specific inspections rather than a general home inspection. Why spend the money on a general home inspection now just to spend more once you do have an Attorney involved. Your issues and descriptions certainly sounds like this might go to litigation.

Couldn't agree more. It's time to lawyer up. If the builder didn't do a good job in the first place and has only been willing to merely put band-aids on the problem then likely the only way they'll make this right is if they're forced to do so.

As a side note . . . is this a small local builder or a giant national builder (ex. Toll Brothers, Pulte, etc.)? Obviously, a giant national builder probably has a whole building full of attorneys so likely a more up hill battle.

[NE Guy]

Time is of the essence.
You may not be able to start the toll of time bybthe 1 year date
But.....if consulting a lawyer, getting professional advise from professional contractors, will weigh heavily on a strong case even if on the cusp of the 1 year deadline
And let the builder know what you are doing, in a certified letter, with your lawyers contact info

[Brave Stranger]

Everyone is correct....get a lawyer. You should not let this one year warranty date pass. If the mold is toxic you are going to lose the entire roof & you don't want to have to pay for this.

[KaiJag83]

Thank you so much for your responses. To confirm, this is a small local builder who is relatively small, however they have been in business for some time, but their financial stability has come into question.

[MikePRU]

Originally Posted by KaiJag83

Thank you so much for your responses. To confirm, this is a small local builder who is relatively small, however they have been in business for some time, but their financial stability has come into question.

Could be why they are trying to put a bandaid on it rather than truly fixing the problem. Perhaps, they just don't have the money to make the repair.

[bugelrex]

Many contractors/builders are the "get in, get out as fast as possible" type, they have constant work line up and cannot waste time on their next project to make you happy (because they already have your money)


I wish there was a 'real' list of honest local contractors somewhere...
Sometimes lawyer'ing up is the only way forward...

[Vacanegro]

Originally Posted by KaiJag83

Hi everyone,

Long time reader, first time commenter. My husband and I bought a new construction home last winter, closed in January. Since the closing, we have had several leaks in our roof that we can see when we inspect our attic. The builder has addressed some of the leaks with patching, but have not replaced shingles. From what we have been told, the builder should have replaced shingles and not just patch areas. Recently, we discovered new areas of leaks in the roof that they have yet to be address as we come closer to our one year warranty ending. We did have a roofer look at the roof and he was concerned of mold build-up on the plywood used to construct the roof. He recommended that the attic be tested for mold and if found, the builder should replace the whole roof; however, he refused to provide an estimate or anything in writing.

Our concerns are our rights in this situation. Our thoughts are to have a full home inspection that includes the roof along with a mold test and present the findings to the builder. But, what happens if the builder doesn't agree or repair the roof properly? How do we hold the builder accountable? Any advice or guidance from anyone who is in the business or has had similar experiences would be greatly appreciated.

Personally, I would do the following:

Write a letter outlining the issues and responses and asking the builder to replace the roof. Demand a response in a small number of weeks (run the letter by a litigation attorney if desired)

Wait for the response - if none - call - document all communications with the builder or his staff.

Do not accept any response but replacement of the entire roof (a new home should not be leaking)

Assuming no satisfaction, get a reputable 3rd party to replace the roof. Send the bill to the builder, ask them for payment. Assuming they take no action have a lawyer write a demand letter and threatening a lawsuit.

If they don't pay, sue them in small claims court - note that they will lose and will not likely want to go to court. Include lawyer fees in your request.

[MikePRU]

Originally Posted by Vacanegro

If they don't pay, sue them in small claims court - note that they will lose and will not likely want to go to court. Include lawyer fees in your request.

You might be wasting your time taking a builder to court. 99% of the new home warranties I've read require arbitration. Since both the buyer and the builder sign the warranty, the court will immediately throw out the case and suggest arbitration. Keep in mind, I am not attorney nor do I play one on TV.