PROBLEMS WITH YOUR HOME?
Does your home have extensive stucco cracks? Do the windows or sliding glass doors in your home leak or are they hard to operate? Are the tiles on your roof sliding or broken? Is your roof leaking? Is the grout in your tile shower or tub constantly moldy or are the floors and walls around the shower damaged by water? THESE ARE PROBLEMS FOR WHICH THE BUILDER IS NORMALLY RESPONSIBLE!!
Salinger Van Dyke’s legal practice has a strong emphasis on construction litigation. Glen A. Van Dyke heads the construction practice and has over ten years of legal experience handling all types of construction disputes. In the age of attorney specialization it is important to seek the advice of an experienced attorney in construction related matters when a problem arises.
Mr. Van Dyke and the construction defect division of Salinger Van Dyke are experts in the areas of:
| * | Multi-party litigation |
| * | Construction standards and practices in commercial, new residential and restoration construction |
| * | Residential builder warranty practices and procedures |
| * | Applicable law regarding the liability of contractors for faulty construction |
| * | Insurance issues relating to payment for faulty construction and other damage to building and homes |
Homes That Are Up To Ten Years Old
The first thing a homeowner should do, if they suspect a problem exists with their home is contact the builder/ seller of the home. As the homeowner you should be reasonably flexible in your scheduling to find a mutually available time for the builder representative to inspect your problem. When the representative arrives, show the person the problem and give the representative a list of any attempts you have made to repair your home. Listen to the logic of the builder’s proposed fix and let him perform a reasonable repair alternative.
If the builder declines to fix the problem, get a second opinion from a contractor or engineer. In the experience of Salinger Van Dyke most homeowners do not complain about an issue with their home without some reason or justification. If the builder has inspected the problem and refused to repair it for any reason, the homeowner should seek objective outside professional help. Usually any experienced contractor or engineer can give the homeowner an indication as to whether or not to believe the builder when it states it has no liability. Some firms specialize in these types of investigations.
Here are some of the firms my clients have worked with in the past:
| David Kuivanen Simpson Gumpertz & Heger, Inc. 1055 W. 7th Street Suite 2500 Los Angeles, CA 90017 |
Phone: (213) 271-2000 Fax: (213) 617-0411 |
| Norb Lohse P.O. Box 80068 San Diego, CA 92110 |
Phone: (619) 276-7100 Fax: (619) 276-7200 |
| Ruth Giacalone Vic Giacolone The Best Electrical Co., Inc. 442 Park Avenue San Jose, CA 95110 |
Phone: (408) 287-2040 Fax: (408) 287-0487 |
| Bruce W. Allen Lefler Engineering, Inc. 1651 Second Street San Rafael, CA 94901 |
Phone: (415) 456-4220 Fax: (415) 456-1248 |
| Rick English English Pool Consulting 1445 Twenty Eighth Street San Diego, CA 92102 |
Phone: (619) 338-9197 Fax: (619) 338-9167 |
| Scott Thoeny 12245 World Trade Drive, Suite G San Diego, CA 92128 |
Phone: (858) 521-1190 Fax: (858) 521-1199 |
| James Gibson Norcal Environmental Management P.O. Box 1261 Elk Grove, CA 95759 |
Phone: (916) 525-1006 |
If the builder makes repairs, but they are inadequate or the problem returns, then you should seek the advice of the neutral experts like those set forth above. If the experts think the problem is significant (usually that translates into “expensive to fix”) you should contact Salinger Van Dyke as soon as possible.
The following are some photographs and descriptions of conditions that normally indicate a significant defect in construction of a home.
This photograph shows numerous cracks in the stucco of this home. The cracks are permitting water to work its way into the building envelope causing progressive damage to the home. This damage is a result of improper fastening of the lath within the stucco system, improper hydration and inadequate thickness of the stucco. The cracks then permit water intrusion, which causes the framing system to crack and the cracks to grow in length and width.
The tiles are too close in the valley of this normal roof. Additionally, debris is within the valley. That combination of conditions often results in water flow backing up causing leaks into the home.
This photograph shows water damage around a sliding glass door, which is usually indicative of improper sealant or water proofing of the door.
These two photographs show stucco cracks at the windows, which are wider and longer than acceptable. The result of such a crack is extra water in the building, which will cause progressive damage to the building if not repaired.
This photograph shows staining at the corner of the windowsill, which indicates leaks into the home from window or stucco defects.