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I recently did a large repair job on a house built, 11 years ago. sheathing and wall studs , floor joist etc were completly gone. Why? the builder, a large corportation in S.C did not install any type window flashing or building paper between the siding and sheathing. Anywhere..
Homeowner want me to remove all siding , and windows . flash and install tar paper, and reinstall same,
Wondering if orginal builder has any type of legal obligations to become responsible to pay for repairs ? Has anyone has ever had similar experience ??? please respond , homeowner in dispair………thanks, J.M
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Morning Jimmy,
Several possibilities with your situation.
If this corporation is the same identity now as then, if this house was not a fluke (all the houses that this contractor did that year were the same with no paper or window flashings) if in your jurisdiction, this practice was a code violation OR if you can clearly demonstrate that the lack of the flashing was the cause of the damage now under repair, if you can satisfy ALL of the ifs in this paragraph, then you MAY have a cause for action against the corporation.
If this is that case you MAY have a basis for a class action suit.
In many of my past postings, I have consistently commented on the need to build houses to better than code minimums and not try to experiment with new interpretations of the code. Changes are sometimes slow in our industry as a direct result of the industry being cautious in approving what has not been adequately demonstrated as being beneficial.
When the crap hits the fan, as in this case and the homeowner is on the hook for major repairs, litigation becomes the weapon of choice. Recently, there was a court decision here where a person was successfully sued for libel/slander, for comments made on the internet.
Food for thought: how far are we from being found responsible for passing on advise that isn't backed up by code?
Gabe
*Jimmie - this has all the makins' of a good discussion here, but shouldn't you be asking a lawyer in your area about legal liability? - jb
*I do restoration work. Recently did a re-siding of an historic home. 111 years old. No tar paper. No flashing. No leaks. Now as older homes do, it did have about a 4 foot overhang.Hmmmmm. Makes you wonder doesn't it?
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I recently did a large repair job on a house built, 11 years ago. sheathing and wall studs , floor joist etc were completly gone. Why? the builder, a large corportation in S.C did not install any type window flashing or building paper between the siding and sheathing. Anywhere..
Homeowner want me to remove all siding , and windows . flash and install tar paper, and reinstall same,
Wondering if orginal builder has any type of legal obligations to become responsible to pay for repairs ? Has anyone has ever had similar experience ??? please respond , homeowner in dispair.........thanks, J.M