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Letters to Tim
Construction Defects

Tim,

We purchased a house back in 2002. It was brand new and had just been finished when we moved in.

We have started having problems with water in our downstairs and have just found out that it is due to a crack in the foundation.

Is there anything we can do about this. I was wondering if the builder would be liable for this seems as the house is still new. The water coming in has completely ruined the carpet downstairs.

We are supposed to be putting my 5 year olds bedroom down there but we are afraid of having him down there while we have this problem. I would appreciate it if you could get back to me and let me know how I can get this fixed by the builder.

Thank you very much

S.

Tim's Answer

Dear S,

I suggest that you contact an attorney that specializes in construction defects; he/she would be in the best position to advise you if you have a claim against the builder. I personally think you do.

Take your homeowners insurance policy with you so it can be reviewed for possible coverage.

You're right to be concerned for the health of your five year old as there is a high degree of likelihood that you have mold in the basement, which can have a devastating effect on your whole family but especially children. Mold spores can contaminate your entire house via the heating and air-conditioning system. It can also be tracked on your shoes or by pets.

To check for mold, go to a building store such as Home Depot. You can purchase a mold detection kit for about $15.00 plus a $30 to $40.00 lab fee. This is something I strongly recommend you do as soon as possible. Let me know the outcome.

Good Luck

Tim

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