Our home was built in 1997. Shortly I had trouble with the roof leaking. In fact so bad once rain dripped from 2nd floor to 1st floor bedroom. Our came out with the attitude I thought it would leak because of how the rain was coming down. He made simple repairs but yet it kept leaking. I called someone else out and they said he nailed the shingles too high. The other roofer made repairs but the wind has again taken the shingles off. Had another company look at roof early this year and showed him a gap at the baseboard in our bedroom thinking it was from roof leakage. Found out the stone wall that our builder had put on in 1997 was leaking again. Our builder had put on a sealer in 2002. Now the bead board in the crawl space where the wall and floor meet is rotten lots of sub floor repair. Evidently our builder did not put a barrier or have an inch gap between the osb structural panels. Insurance will not pay for masonary repair. Do I contact a construction lawyer or is the time limit past even though I had kept complaining to the builder?

Do you still have documented proof of the problem continuing since 2002? When was the last incident that shows its an ongoing problem?

Quote:

---

Originally Posted by N0help4u

Do you still have documented proof of the problem continuing since 2002? When was the last incident that shows its an ongoing problem?

---

I have the problem with the roof documentation of repairs to roof but the wall just started again the end of last year (obviously it was never fixed right where I had it fixed in 2002 with the rot and drop in the floor). We thought we had it fixed with the application of sealer in in 2002.

At this point, with an 11 yr time lapse, I think you would need a reputable contractor to come and do a full detailed assessment that proves your current problem is directly linked to the original neglect of the builders. Without a professional documentation I don't think you have much of a chance. On the other hand it might be something that may not be able to be pin pointed.

What was the language in your contract? It would have to have been very specific for you to go after the contractor 16 years after the house was built. I doubt that you will find a lawyer willing to take this case on.

Quote:

---

Originally Posted by N0help4u

At this point, with an 11 yr time lapse, I think you would need a reputable contractor to come and do a full detailed assessment that proves your current problem is directly linked to the original neglect of the builders. Without a professional documentation I don't think you have much of a chance. On the other hand it might be something that may not be able to be pin pointed.

---

I still think by the amount of damage it wasn't taken care at building by having a barrier next to the osb structural panels or 1 inch gap. He did seal it in 2002 but I think with all the damage something wasn't done properly.

Its not what YOU think. Its what a professional will testify to. I agree with the others that it is likely too much time has passed for a successful action against the contractor.

Quote:

---

Originally Posted by ScottGem

Its not what YOU think. Its what a professional will testify to. I agree with the others that it is likely too much time has passed for a successful action against the contractor.

---

I suppose it is a waste of money to try. I do know there is no barrier or and inch gap. Building inspector is in on it also. He says having a barrier was code by 1999 or 2000 he thought. If it was earlier and builder didn't comply, maybe then I would have a better case.

Its up to you to determine how much to spend on trying to hold the contractor responsible. I wouldn't spend very much.

Was the first contractor insured ? If you win, is there money to pay ?

Next was reasonable repair done, ( according to industry standards) and is current issues just wear and tear on material ?

And is these issues part related to construction that was not according to code and normal practice.

These need to be answered by a professional and that professional must be willing to testify in court, against the other construction people

Quote:

---

Originally Posted by Fr_Chuck

Was the first contractor insured ? if you win, is there money to pay ?

Next was reasonable repair done, ( according to industry standards) and is current issues just wear and tear on material ?

and is these issues part related to construction that was not according to code and normal practice.

These need to be answered by a professional and that professional must be willing to testify in court, against the other construction people

---

From what I am getting from the contractor that will ultimately fix it hopefully, the stone should have had a barrier or a 1 inch gap between it and the osb and drainage holes. It doesn't seem to have any of it. Sounds to me like poor workmanship. Building inspector is involved so maybe that will help.

Quote:

---

Originally Posted by Fr_Chuck

Was the first contractor insured ? if you win, is there money to pay ?

Next was reasonable repair done, ( according to industry standards) and is current issues just wear and tear on material ?

and is these issues part related to construction that was not according to code and normal practice.

These need to be answered by a professional and that professional must be willing to testify in court, against the other construction people

---

Found out today the obs behind stone is rotten. The contractor I am working with now is going to speak to the building inspector. We need to find out when code for barrier became in effect.

In addition to when the requirement may have been put into effect, there is likely a statute of limitations based on when the work was "substantially completed".
The following is an excerpt from one of the many discussions that you will find about patent and latent defects if you search "statute of limitations for hidden defects".

"Substantial Completion and the Statute of Limitations in Construction Defect Cases
Posted on March 28, 2013 by Jampol Zimet LLC

Amongst the tools available to defendants, time is one of the most powerful. Known as a statute of limitations, there exists a maximum time in which a plaintiff can sue a defendant and if that time expires then a plaintiff cannot bring a lawsuit. In construction law, the length of the statute of limitations depends on the type of problem, whether it is a “patent” or a “latent” defect. For both types of defect, the clock starts running upon “substantial completion” of the project. A defendant who proves that the plaintiff filed the suit after the time limit can get the case dismissed.


What is a defect?

For these purposes, construction defects are deficiencies or problems that occur in the course of the improvement project. The problem can be in the design, the specifications, the planning, supervision, observation, or actual construction. Moreover, the project is any type of project, from mere grading to the construction of dwellings. It can be as simple as stairs not built to the specifications. "
From: Substantial Completion and the Statute of Limitations in Construction Defect Cases |

In my experience, the time limits for filing claims and deadlines for the various stages that followed were always the first thing that both parties investigated because it was the most quick way to end the construction disputes.

Quote:

---

Originally Posted by smearcase

In addition to when the requirement may have been put into effect, there is likely a statute of limitations based on when the work was "substantially completed".
The following is an excerpt from one of the many discussions that you will find about patent and latent defects if you search "statute of limitations for hidden defects".

"Substantial Completion and the Statute of Limitations in Construction Defect Cases
Posted on March 28, 2013 by Jampol Zimet LLC

Amongst the tools available to defendants, time is one of the most powerful. Known as a statute of limitations, there exists a maximum time in which a plaintiff can sue a defendant and if that time expires then a plaintiff cannot bring a lawsuit. In construction law, the length of the statute of limitations depends on the type of problem, whether it is a “patent” or a “latent” defect. For both types of defect, the clock starts running upon “substantial completion” of the project. A defendant who proves that the plaintiff filed the suit after the time limit can get the case dismissed.


What is a defect?

For these purposes, construction defects are deficiencies or problems that occur in the course of the improvement project. The problem can be in the design, the specifications, the planning, supervision, observation, or actual construction. Moreover, the project is any type of project, from mere grading to the construction of dwellings. It can be as simple as stairs not built to the specifications. "
From: Substantial Completion and the Statute of Limitations in Construction Defect Cases |

In my experience, the time limits for filing claims and deadlines for the various stages that followed were always the first thing that both parties investigated because it was the quickest way to end the construction disputes.

---

Thank you for your input but the problem was not corrected in 2002 when the builder sealed the wall after he did not put down a barrier or an inch gap. He did not fix the problem in 2002. Found we had a problem in late 2012 but did not locate the source of water leak until now. I have worked with American Leak Detection, United Dynamics and a reputable contractor and now building inspector. It may be the code for a barrier was in place in 1997 and he failed to meet code. With what I said do you think we have a chance?

Don't know. I assume you are basing it on when you became aware of the defect then? It worked for the state I worked for when they found a huge bridge was improperly designed about 30 years after it was opened to traffic and had been in use all that time. But that involved the consultant engineer that designed it and the firm's errors and omissions insurance coverage too. Not to mention all the specifications and formal contracts that were involved.
Have you reviewed your original contract you signed with the contractor you think may have violated the contract and/or code? He should have had a reference in there denoting which specifications would govern.
Have you determined a dollar value for your damages to date plus what it will cost to do a proper repair? You will need a ballpark figure if you talk to a lawyer.