New House issues after warranty expires? (Leaking windows)

[K'ledgeBldr]

Originally Posted by High Altitude

It isn’t what the builder is aware of, it is what the builder knows the homeowner is aware of.

That is not what you stated earlier.

[High Altitude]

Originally Posted by K'ledgeBldr

That is not what you stated earlier.

She stated after researching and finding out what state law says.

“My next step is to send a follow-up reply to the builder. If no action, then lawyer. “

I stated

“Most likely the builder, when notified of this law, will come back to the table...”

Notified, as in receiving a reply from the home owner stating the law.

Hence, the builder will now be informed that the owner knows the law. That is what is important, that the builder realizes you know that they can’t hide behind a contract that is null and void, at least the part about the warranty of only 1 year on certain items, because of state law.

I had a very similar thing happen where a subcontractor filed a lien on my house because they weren’t paid by the general contractor. In my state at the time, since my contract was with the gc and not the subcontractor, the lien was null and void.

I let the subcontractor know that I knew the law and they removed the lien under threat of a lawsuit. Of course the subcontractor knew the law, but what was important was that I knew the law and that I communicated that to the subcontractor.

The subcontractor was just hoping I was ignorant of the law.

Good luck to the OP, I hope you get your windows fixed.

[motifone]

Originally Posted by Electrician4you

Hey did you make sure the drain channel isn’t clogged with dirt. Where is the leak coming from?

I'll attach a photo. The second floor window leak is coming right under the lower wood trim where the trim meets the drywall. The weep holes are in fact clear and drain. The window directly below this on the first floor leaks from the top, where the window casing meets the wood trim.

Some developments since I last posted. My neighbor -- who's house built same time with same windows, by cousin of our builder -- has a couple leaking windows as well. Their builder has been out multiple times, trying all different types of fixes (new caulking, wrap, etc), and have concluded there is a defect in the window itself, either in the draining mechanism and/or the center mulling. I've since found similar leak defect reports online with these windows. Neighbor just had two new in windows ordered & installed by his builder because he caught the problem under the home warranty.

Given the above, I suspect the issue is a defective second floor window, with water entering via the defective second floor window -- with some water dribbling out over the drywall and the rest making it's way down to the first floor window. If possible, I would be curious to remove the lower wooden trim of the second floor window, which would likely give me a visual on where the water is coming in on the drywall. The window is under warranty so I am submitting a claim with the window manufacturer for a new window to start with.

[Rickcin]

The challenge will be to identify if the actual window unit is leaking or if the infiltration is from water running behind the siding and under the window nail fins. You would need to know the exact window installation detail and probably have to remove a section of siding to know how it was installed.

Once the installation method is exposed, a water test with a hose might determine the crux of the problem.
I’m sure the builders first storyline will be that the windows are defective and we’re properly installed unless someone else clearly identifies the actual cause. As KBldr has pointed out, it will be an uphill battle.

[K'ledgeBldr]

After looking at your pic- and your own possible diagnosis- yes, I think you have a mull problem.

That reminded me of another thread-
https://www.city-data.com/forum/hous...er-window.html