Construction Question! Need Help! Do I need a lawyer?

[Drake2]

Is it normal to not have any siding between the brick and studs on the gable end of a house in the attic? I have just that in my two story home. There is a thin blue type of insulation board that is wedged between the studs on that gable wall that is easily removeable and then there is the brick. My next question: Below this same area in the attic (1st floor) I have a window that leaks when a hard driving rain is pounding that side of the house. I have had three "professionals" and a home inspector come look at my house and none of them have came up with a better solution than my brick may need to be sealed. Well last day a rain like that came, my window leaked, I went into attic and pulled back that "POS" thin blue insulation board and....... noticed the inside of a lot of my bricks were wet and there was obvious signs that water was getting past the brick and running down them on the inside which I guess finds its way to that window and the inside of my house. I have had the worst luck with this house which is 3,000 sq feet and only less than six years old. I have been battling two window leaks, one leak in garage where spot of mold about size of quarter is showing now, and had a complete replum down because the plumber used brass fittings on the pex piping for my well system which caused pin hole leaks popping up every so often. We had to move out for one month to get that work completed. I can not begin to describe the stress that this has put on my wife and I. I am spent all night trying to research information and have struck out. Any ideas?

[chs36]

the insulation board is not uncommom. cheap, but not uncommom,especially on older homes. it shouldn't be loose. it should be nailed on period.. if nothing else the brick ties should be holding it on?? far as the leak.. its hard to diagnose a leak not looking at the house. from what i read.. my guess is there's some flashing either leaking or missing. you should be able to see the flashing between the inside of the brick and wall if the second floor wall runs through the roof , such as a shed roof etc.. and you have access in the attic ? if there is a dormer/shed roof etc above the window that the water is coming through id start there. should not be that hard to find.. how long you been fighting this ?

far as the pex pipe.. it's BS code on that crap.. it's not all bad "if" the builder pays the price and makes his plumber run solid runs from the manifold, but so many piece that stuff together to save a buck and unless the city/county has a addendum to prevent them from piecing it together the code allows it as long as they dont exceed there tees...etc.(as of 6 years ago). if thats your situation... i predict you fight it the whole time you own your home..maybe im wrong.. and i dont wish that headache on anybody.. if you've got a manifold and you just had a leak at the stub outs.. then you're probably ok and all the other i've spoke of is irrelavant..

[rubrail]

As to the question about an attorney:

Did you purchase the home new from a builder/developer?

If so, assuming the house is in MS and is less than 6 years old, you may have some protection afforded under the MS New Home Warranty Act. The best thing you can do is contact an attorney ASAP as the statute of limitations under the act expires after 6 yrs.

[kwacksmacker86]

If you take the foam board out and spray some closed cell foam insulation it will seal off leaks

[chs36]

If you take the foam board out and spray some closed cell foam insulation it will seal off leaks

explain this theory??


in my eyes the only way to fix a leak is to find it and fix it right.. pumping the wall full of closed cell might prevent the water from getting to the window for some time... but then your leak is still there.. just finding a new route such as under shingles, etc.. then 5 years down the road your roof is rotten..

[Deltaquack]

Water gets in grout between bricks.......that's why there's weep holes at ground level for it to leak out. That's also why you put vapor barrier on the board/siding on the exterior of the studs between the brick and siding. The foam boards can only meet code if they are nailed to the exterior of siding. so, yes, you need to send the builder a certified letter ASAP to take care of it but notify your attorney at the same time in case the builder stalls and you have to file something by a certain deadline. Man it's hard to find good builders these days.

[deltadukman]

See if you can find a copy of an insurance certificate(if he has one), before engaging him in being liable for anything. Ask subs, or other people he has done work for. That way you know who his carrier is/was and have policy numbers and effective dates to file a claim if he starts balking.

[LawDawg]

six year only applies to structural issues. It's a year for everything else under the New Home Warranty Act

[GILREATH]

six year only applies to structural issues. It's a year for everything else under the New Home Warranty Act

So, in other words: sounds like you're sol. I hope you can find and stop the leak; they can be very hard to address.

[quackhead11]

six year only applies to structural issues. It's a year for everything else under the New Home Warranty Act

So, in other words: sounds like you're sol. I hope you can find and stop the leak; they can be very hard to address.

Yes, the 6 year limitation period is limited to structural issues under the New Home Warranty Act - which is not good in your situation. You may, however, be able to hang your hat on Miss. Code Ann. 15-1-41, which is a 6 year statute of repose.

I would get in touch with your insurance company, in addition to speaking with an attorney about this and what your options are. There are a lot of good attorneys on this board that I am sure could help - if you need the name of some who specialize in this sort of work and could speak with you about options, shoot me a pm.

[LawDawg]

you can always sue for defective construction. Just not under new home warranty act.

[Drake2]

Thank you all for the replies. I have not been able to get any help from the builder. I have had two home owners claims and have spent thousands of dollars on paying individuals to come to my home in the attempt to help me figure out the problem by trial and error. The builder stated that he believes the thin blue foam insulation I am refering to is what he calls blue board. I researched blue board and that is in no way similar to what I have as the only barrier between my brick and studs. Sad thing is he stated that this is what is all throughout my living areas of the house and there is only plywood on the corners for so many feet for support of the frame???? I don't know what else to do besides taking civil action against the builder unless I am to sit here and continue to pay interest on my mortgage and fix his mistakes with my own money and only hurt my family.

[Drake2]

six year only applies to structural issues. It's a year for everything else under the New Home Warranty Act

So, in other words: sounds like you're sol. I hope you can find and stop the leak; they can be very hard to address.

Would the constant leak over a five year period not do damage to the structure of the home? (wood is untreated so therefore is not suppose to be in contact with water, contact with water due to builders mistakes would cause wood to rot, mold, and weaken which would in return cause the structure to be defected)

[chs36]

sent you a pm