[x3vegas]

I purchased a new home about a year ago and recently decided to put in a new master bath shower. Upon removing most of the tile and denshiled I uncovered wet and moldy studs. I contacted the builders warranty dept and someone met me at my house the same day. I left a portion of the shower wall as an example of the original work. He determined that the original install was not done correctly and sent a restoration company out to clean and dry the damage. I then mentioned the issue of the original work that was defective. Meaning, I paid for a shower that had a defect, and under warranty the builder has a duty to replace the defective product.

However, because I did most of the demo and uncovered the problem myself, they are denying a warranty claim for the defect of the original work. The builder stated that if the problem would have gotten bad enough for me to notice it without doing any demo, and they would have been the ones to remove the shower wall, my claim would have been approved.

So here is my issue....I was replacing the shower anyway, so It's not like I'm stuck with an unexpected bill to get the shower back in working order.... BUT..... on principle I originally paid for a defective shower that should be replaced under warranty...

What are your thoughts... I'm looking for honest feedback. I'm very angry at paying for a shower that was leaking into the wall, but my logic says I was getting rid of it anyway so why make a big fuss...

[olecapt]

Originally Posted by x3vegas

I purchased a new home about a year ago and recently decided to put in a new master bath shower. Upon removing most of the tile and denshiled I uncovered wet and moldy studs. I contacted the builders warranty dept and someone met me at my house the same day. I left a portion of the shower wall as an example of the original work. He determined that the original install was not done correctly and sent a restoration company out to clean and dry the damage. I then mentioned the issue of the original work that was defective. Meaning, I paid for a shower that had a defect, and under warranty the builder has a duty to replace the defective product.

However, because I did most of the demo and uncovered the problem myself, they are denying a warranty claim for the defect of the original work. The builder stated that if the problem would have gotten bad enough for me to notice it without doing any demo, and they would have been the ones to remove the shower wall, my claim would have been approved.

So here is my issue....I was replacing the shower anyway, so It's not like I'm stuck with an unexpected bill to get the shower back in working order.... BUT..... on principle I originally paid for a defective shower that should be replaced under warranty...

What are your thoughts... I'm looking for honest feedback. I'm very angry at paying for a shower that was leaking into the wall, but my logic says I was getting rid of it anyway so why make a big fuss...

You are likely to run into problems. In general those rules require the builder to fix it. But they don't require the builder to pay for you to fix it.

There is a regular appeal process that may work. You can also try a complaint to the state contractors board.

I am somewhat skeptical though. You had a right to have it fixed but a right to have the fix paid for may not be in the cards.

[dynimagelv]

and they may possibly take the approach that "We will fix the problem and restore it to what it was when you bought it." requiring you to now tear it out all over again to put in the new bath.....

[jpk]

Don't waste your time, you're remodeling the shower anyways.

[Kalbo]

Originally Posted by jpk

Don't waste your time, you're remodeling the shower anyways.

Agree, not worth the trouble.

[skisickie]

what about the other areas that you are not remodeling? does your other bathroom have an issue? Now would be a good time to check I think
This one I would let go but if there is something faulty going on there, other areas of your home might have issues. Now would be a good time to get an inspection.

[x3vegas]

Thanks for the responses. Here is an update.
Mold gone and everything meters in the normal range for moisture. Damage fixed & insulation replaced (all by builder) and ready to install new tile.

After a long conversation this morning, the warranty rep contacted me this afternoon and said he would bring the issue to the regional manager next week and asked what I though was a reasonable fix. I said; "at the end of the day its about whether or not [the builder] stands behind their product, and since the defect was in the labor I feel a reasonable fix is to reimburse for the original labor."

I'm okay with whatever their decision may be, because in the end I will have a great new shower and have uncovered a defect that could have created a much bigger problem two years down the road! Obviously I'm hoping the builder does in fact stand behind their product as plastered all over their web page and marketing material! but I'm not holding my breath.

I'll post back with the final verdict....

[airics]

who was the builder?