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terry dearen · Mar 19, 2007, 10:40 AM

I live in New mexico in a stucco house that was built 2 and a half years ago. Our house has started getting some cracks around the windows, horizontal cracks in the middle of walls, and a couple of cracks in the ceiling where the jonts come together. The back patio has separated from the house and the sidewalk around the house is beginning to separate from the house in places. The stucco on the outside is beginning to have cracks in places. Is the builder responsible for this or are we the owners. What is the worse that can happen if we leave unattended and how soon should work take place.. . or do we need to have a hardhat area-enter if you dare on our front door. Joking aside, this problem is keeping me up at night. Any suggestions would be helpful. Thanks

ballengerb1 · Mar 19, 2007, 11:08 AM

After 2 1/2 years your builder is pretty much off the hook unless you can prove fraud or not building per code. Many homes in your area are built on a slab, is this your situation? All exterior cracks should get at least some caulk to prevent rain from getting inside the structure. Some cracks in a new home can be expected as lumber and materials dry out. You may need to look into hiring a structural engineer to evaluated your home if it is really bad.

ATYOURSERVICE · Mar 19, 2007, 11:23 AM

Excellent advice. Also take a look at your insurance policies and take a look at the agreements. Some states mandate that the builder insure demages like this for a period. You might just be iwithin that time.

AngelicParadox · Mar 31, 2007, 09:25 PM

Absolutely take a look at your agreements with the builder AND get a structural engineer in there. At 2 1/2 years you might be close if not already exceeded the warrantee period.

Also, if it were me? And the structural issues were still within warrantee? I would file a claim and send it certified mail to the builder. I had friends who once purchased a condo and had issues with the windows retaining moisture. They filed a complaint with the development company within the correct time frame and the company kept avoiding and avoiding them. Basically they were trying to draw the issue past the time frame of limitations. So if you still have some kind of warrantee get right on it!