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I bought my house in Nov 24th, 2008. The builder is Orleans Homebuilders. So, I am now just past the builder's 2 year warranty. I have a leaky window in my living room that has been leaking a lot for the last couple of weeks during rains. I had the same window leaking a while after I bought the house and I reported it in my 1st year warranty work. At that time it leaked a couple of times with a few drops visible each time. Warranty guys came and took a look and said there is no substantial evidence that there is a leak and they didn't fix it at that time. And the problem stopped happening after that till couple of weeks ago. Now it is leaking a lot and I reported it to the builder. Builder said that I am out of warranty(for the last 3 months) and it won't be covered. I called the window installers (Stock Building supply). They came and removed some siding and saw no problems other than a few gaps in the caulking. They caulked the gaps outside and said that should fix the issue. The same evening, the window started leaking again. The window installers are saying it might be some other issue, not the window/flashing. Now the builder is saying that I have to pursue the issue with my insurance company since I am out of warranty. I mentioned that I reported the same issue for 1st year warranty but the builder insists that there was no problem at that time.
Temporarily I caulked the inside frame of the window to reduce the leak. Can someone advise me what I should do in this case? Should I file a complaint with BBB mentioning that I already submitted a warranty claim for this issue and it was never fixed?
PS: When I put some duct tape to cover the top part of the window outside, the leak seemed to have reduced.
If you think your claim is legitimate, another option includes having it repaired by a contractor of your choice and suing the builder in small claims court to recoup your costs.
You could also nicely remind them that moisture can bring mold and ask if they are willing to risk letting mold accumulate in your house. Tell them you don't want to get a lawyer involved but you are just too afraid of mold.
Although I filed for warranty repair for the same issue during my 1 year warranty, builder keeps reiterating the same point that there was no damage at that time. I guess I was special to file for a claim that I know will occur in the future .
Anyway.. if I want to file a complaint against the builder, how can I justify that the issue I filed warranty claim for at the 1st year is the same issue that's happening now?
This is not rocket science. The answer to every construction-related, craftsmanship related, quality related problem is NOT to apply more caulk to cover up the issue.
Here are some potential reasons why your window leaks:
There is no flashing above the window.
If there is flashing, it was cut too short.
There is no moisture barrier (TyVek) covering your sheathing.
If there is TyVek, it was not properly taped.
There is no polyethylene window wrap (sometimes called Visqueen) protecting the window opening.
If you have vinyl siding, the J channel was improperly installed.
If you have composition hardboard siding (Masonite) or cement fiberglass (Hardie) the sealants are missing or have failed.
If you have vinyl windows, the nailing fin was damaged before installation.
If you have the low end Stock Building Supplies builder's window (Portrait many years ago, JeldWen within the past six years) check the jambs and the mullion for factory imperfections. They had some troubles a while back.
If the windows are welded, check the upper corner welds for failures. Also see if the upper attachment screw is missing.
Verify that there are no holes or cracks in any of the tracks for the sashes.
If you have brick veneer, check to see if there is missing mortar at the soldier course or at the bottom of the lintel.
I suspect that you could have more problems with the constr. of you home than just this one window - it might be one window now, but in the future, after the statute of repose (short in NC - 5 years maybe?) it will be too late to do anything. I would suggest that you discuss with an attorney and consider having a resid. construction expert inspect your entire house for building defects. If there are substantial defects found, you should bring a claim/lawsuit for construction defect against the builder - but be prepared - it could take a long time before resolution and there would be considerable expenses involved aside from the attorney contingency fee. If the construction is good other than a couple small things, then the small claims court would be the answer.
This is not rocket science. The answer to every construction-related, craftsmanship related, quality related problem is NOT to apply more caulk to cover up the issue.
Here are some potential reasons why your window leaks:
There is no flashing above the window.
If there is flashing, it was cut too short.
There is no moisture barrier (TyVek) covering your sheathing.
If there is TyVek, it was not properly taped.
There is no polyethylene window wrap (sometimes called Visqueen) protecting the window opening.
If you have vinyl siding, the J channel was improperly installed.
If you have composition hardboard siding (Masonite) or cement fiberglass (Hardie) the sealants are missing or have failed.
If you have vinyl windows, the nailing fin was damaged before installation.
If you have the low end Stock Building Supplies builder's window (Portrait many years ago, JeldWen within the past six years) check the jambs and the mullion for factory imperfections. They had some troubles a while back.
If the windows are welded, check the upper corner welds for failures. Also see if the upper attachment screw is missing.
Verify that there are no holes or cracks in any of the tracks for the sashes.
If you have brick veneer, check to see if there is missing mortar at the soldier course or at the bottom of the lintel.
Here is MY suggestion: Call this guy! ^^^ Have him come out, look at the window and give you an estimate of how much to repair the window. If it is reasonable, fix the window. Pay the bill.
THEN, call your builder and see if you can get him to pay. If not and if it really is something he SHOULD pay for, take him to small claims court to get reimbursed.
Instead of wondering WHY the window is leaking, fix it and then you'll KNOW why and then you'll know what to do next!
Vicki
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