I purchsed a duplex condo in June 2006 with the master bed/bath in the basement level and just realized the tiled shower was leaking causing water damage and an airborne mold issue. I pulled a 12x12 tile off the shower bench, and noticed they did not use a water proof membrane. The bench was framed with a 2x12 which is rotting and water logged. The Bench is inside the shower and was not installed with a pitch, so water pools on the bench which I assume caused the leak into the framing of the adjacent wall. I have not verified they used a shower pan/membrance for the base of the shower yet, but I am not sure how to proceed. I've owned the condo for just over 4 years. Is the builder still responsible? Please help

If you are asking the legal question of what to do (and I would assume you are) I would sue for the damages you can prove, possibly in Small Claims Court (because it's a lot less expensive and you won't have legal fees) and I would name BOTH parties. Yes, the builder gave you whatever guarantees but I would name the plumber just in case the Court decides it's the plumber's problem.

I'd rather sue both then sue one, be denied, and have to start over.

Do you have expert testimony on this matter? Do other condos have the same problem?

If it's plumbing advice you need, someone will be along shortly.

I am not a lawyer, so my knowledge of law is minimal to non-existent. I am plumber and own a condo as well...

In my area, HOA can hold contractor responsible up to 10 years after the project (s)he worked on was completed.

In non-HOA complaints it is a general practice to hold contractor responsible (in serious complaints) up to 3 years.

There are several things I suggest you can do:

1. If I was you I would call your D.A. office. It should be simple answer to this question...
2. Call local contractor's board with the same question. Get all licensing info
3. Ask HOA for name, license and bond numbers of the contractor who performed the work. Most of contractors give HOA long term warranties on their work. Once you have this info, proceed with complaints...

Always give opportunity to the original contractor(s) to correct their work. Most of them will step up to the plate and correct the problem...

Let us know how you did... Milo

And were permits gotten, city or building inspector signing off on it ?

What city are you in? Did you buy it new from a developer or had it been lived in before?