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Does anyone have any experience navigating builder repair issues on new construction after the one year warranty?
Our 1 year new home warranty expired in Feb 2020. In May, one of the windows starting leaking water into the house & I alerted the builder but received no reply. (The window had also actually leaked months earlier during our warranty period overnight, but I thought the water on the floor had been due to a window left open). Then, last night, the window leaked again along with 2 other windows. So now I’m up to 3 leaking windows, all on same side of house prone to wind driven rain. I wrote the builder an email & sent photos, but they are basically saying I’m beyond the warranty. Still, with 3 windows failing this seems more than just a maintenance issue that’s my responsibility… it seems like an improper installation to begin with. And there’s another house built down the street by a cousin of the builder that also had issues with their windows back in May, except their windows starting leaking during the warranty period, and I had seen a crew out there repairing them.
I had licensed contractor look at the windows today, and he thought the situation and builder’s reply stinks, and with something like this they should stand behind their work if legitimate. I’ve been reading about the 3 year Implied Warranty of Habitability here in MA, and will follow-up with another email to the builder, but thought I’d check in here to see if anyone had had experiences like this and solutions. I have no expectation for the builder to come back and fix items out of warranty that were initially properly installed, but failed. But when 3 windows fail I have big questions as to how they were installed.
It sounds like some sort of construction defect if multiple windows are failing. Typically windows have their own warranty, and even the cheapest models will be a few years. Better brands may be a decade or more.
There’s a difference between “construction defect” and “product defect”. At this point we don’t know which it is, and there are other circumstances that usually go along with these scenarios.
As pointed out by the OP- and my first initial response- look to the state for other laws that cover consumer concerns.
OP- I think you’ll have a somewhat uphill battle- barring state intervention- because you did admit that the wall these windows are located in was subjected to wind driven rain. Not knowing the type of window, construction practices/materials used, and the quality of training of those that did the installation it would be hard to prove otherwise. But since the house is less than two years old, and the builder is still in business, there is most likely a good chance to prove a precedence.
There’s always the argument that warranties are only worth the paper they are written on, they always expire the week before catastrophic failure, or... but, if there wasn’t an end date there would be no builders in business very long- statistically speaking.
I’d also suggest you review your contract- if you decide to pursue legal action you maybe limited to arbitration only.
My next step is to send a follow-up reply to the builder. If no action, then lawyer. I completely understand the purpose of a warranty that expires, but with the multiple failures and the neighbor having an issue as well, I'd say this speaks to either a defect in construction, workmanship or product. Both the licensed contractor (LC) who came out to look at the windows and my own dad (a long time contractor) understand the trade and warranties, and they were floored by the "sorry, can't help you" response, given the age of the house and multiple failures.
The LC also noted to check CSI/HIC of all involved on the job, which I did. The building company is a family business and it appears the person I'm currently speaking with doesn't hold CSI/HIC. LC advised I need to get this in front of those who hold the CSI/HIC. Not to say they are not already aware, but I need to be sure.
My state also has a "3 year Implied Warranty of Habitability" (see attached image): "covers structural integrity of the property and mechanics that keep property free from the elements. A lawyer who be the one to assist in interpreting this.
It is a good thing your state has that additional protection. Looks like leaky windows would fall under that. Most likely the builder, when notified of this law, will come back to the table and hopefully fix your window situation.
Does anyone have any experience navigating builder repair issues on new construction after the one year warranty?
Our 1 year new home warranty expired in Feb 2020. In May, one of the windows starting leaking water into the house & I alerted the builder but received no reply. (The window had also actually leaked months earlier during our warranty period overnight, but I thought the water on the floor had been due to a window left open). Then, last night, the window leaked again along with 2 other windows. So now I’m up to 3 leaking windows, all on same side of house prone to wind driven rain. I wrote the builder an email & sent photos, but they are basically saying I’m beyond the warranty. Still, with 3 windows failing this seems more than just a maintenance issue that’s my responsibility… it seems like an improper installation to begin with. And there’s another house built down the street by a cousin of the builder that also had issues with their windows back in May, except their windows starting leaking during the warranty period, and I had seen a crew out there repairing them.
I had licensed contractor look at the windows today, and he thought the situation and builder’s reply stinks, and with something like this they should stand behind their work if legitimate. I’ve been reading about the 3 year Implied Warranty of Habitability here in MA, and will follow-up with another email to the builder, but thought I’d check in here to see if anyone had had experiences like this and solutions. I have no expectation for the builder to come back and fix items out of warranty that were initially properly installed, but failed. But when 3 windows fail I have big questions as to how they were installed.
Before I say anything, I want to warn you to make sure you send in the warranty for every product paper the builder left you. That may end up being your saving grace later, down the line. Take it from someone that also bought new construction and I run a FB group for my development. I suggest you make a private group for yours and make a post asking if anyone is having house issues and ask for details like when they started. Have they had anyone out to look at it?
We bought our house the last day in May 2008. My hub was diagnosed with cancer August 2009. Of course while he was down my house really started settling and showing defects. I walked in the basement to find water coming from one wall, it would later be 2 walls but some how the 2nd leak hasn't leaked since. In addition to the basement leaking, I also had water coming in the garage. I emailed the guy who took care of things like this.
The guy Carl did come over. He offered to send his contractor over to "help" but like you, I was over the one year, even though you could see that it had been slow leaking for months before that. I was so busy with my hubs health that I didn't notice how trashed the garage ceiling sheet rock was. With the basement leak, the insulation was soaking up the water. I never noticed the stain on the floor. Thankfully we didn't finish the basement.
It turns out that with the garage, they used cheap caulk around the copper flashing under the master bedroom windows. That could be your issue too if they used cheap caulk. It was a quick fix that my son did. The basement was a lot more involved but it was due to their back filling the dirt next to the house. They threw so much trash and concrete slabs in it that it acted like a bath tub, the water would fill in that section of dirt instead of draining. I dug it all out myself, had a sump pump in it for years until we had the money to fix it. Now it leaks every now and then, depends how much water we get. I keep a deep roasting pan there with towels on pieces of wood that lean on the leaking wall so that the water goes straight into the roasting pan. If we get a heavy rain I use an under bed plastic bin.
I'll be shocked if you do not find other home owners that have the same issues as you or more. Make the FB group, as I said, make it private. You can also make it secret once everyone joins so that it can't be found later on. If someone wants to join they'd have to FB friend someone in the group to be let in.
A word of advice, watch what you say where the public can see it because at some point, you'll have to sell that house.
Quote:
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.
I don't doubt the builder knows of more houses with this same issue. They count on it to not rain so that they legally don't have to fix the issues.
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