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GAZETTE Newspapers
By: Arthur S. Lazerow
New Construction Warranty
The French have an expression: “the more things change,
the more they stay the same.” This following question came to
me September 2004 and I answered immediately. Last week I
received the response. Follow this one to see how a responsible
builder deals with an out-of-warranty condition.
Question: Arlette emailed the following: “Four years ago, I had
a new single family home built. I have had numerous small
issues and a few major issues. But there is one major issue for
me that is not resolved. In my dining room, the floor is
uneven. The center of the dining room (lengthwise) is higher
than the left and right sides. I have never furnished the room
and we rarely use it. Occasionally, my kids use it as a play
area.
I’m not sure when the floor got this way, but when I sent a
letter to the builder, they did come out but they said that it
was my problem. I have written several letters over the past
one and a half years.
I don’t’ agree that the builder is off the hook, but I want to
find a way to specifically determine why my floor is uneven.
Have you heard of anything like this before? Would a home
inspection shed any light on the issue? Why wouldn’t the
builder be responsible for this? I plan to go back to the
builder but I want to go back well informed so that I cannot be
brushed off. Please advise.
Answer: Arlette, your question raises
several issues. The builder’s legal responsibility ended at the
end of the first year if you did not report the problem during
the first year. If you only later discovered it, proving its
existence during the first year is problematic. You certainly
can make a lot of noise in the builder’s direction and you may
get some attention. This is especially the case if your builder
is small and working hard to develop a reputation for building a
quality product (and wants your referrals or testimony) or a
large national builder who is conscious of its reputation.
If you have a ten-year builder’s furnished warranty from a third
party provider and if the problem can be determined to be a
structural problem, the warranty company will be responsible.
However, a hump in a floor is generally not structural, although
it is a serious eyesore. Call the warranty company and ask to
have their representative make an inspection.
If the warranty company determines that there is no structural
deficiency and the builder refuses to take responsibility, you
should then call a structural engineer. A professional engineer
can determine why there is a hump in the floor and prepare a
repair order for a contractor of your choice to follow.
As to whether this is a common problem, I have seen floor humps
and dips in many homes, but fortunately the percentage overall
is low. More frequently, I have observed builders who for many
reasons, failed to install appropriately sized floor joists,
which result in overly limber floors. If a cat walks across the
dining room floor and the breakfront vibrates, there is a
problem, and that was a try story!
Response: Last week I received the
following: “Art, I ran across your email as I was scrolling back
through time. Just want to let you know that the builder (major
national builder not to be named!) did come out and fixed the
problem with my floor even though several years had past. The
first representative came out and said that it was my problem.
However, when I sent a letter to the corporate address which was
listed in the home owner’s manual under arbitration, I received
a quick response. They came and inspected the floor within one
week and within two weeks they were back out to fix the floor.
The problem was with the floor joists. Apparently, the floor
joists were arched and not completely flat when installed.
Somehow, one side flatted and since my basement was unfinished,
they flattened the other side of the floor. They also
acknowledged that my floor was the worst they’ve seen. Overall
I was pleased.”
The lesson here with new homes is to report all deficiencies
during the first year to avoid being put off by the builder.
Either the builder or the warranty company may cover late
discovered deficiencies. In any event, be persistent if the
problem relates to the initial construction.
Have a question relating to a housing or environmental issue?
To contact Mr. Lazerow, click on “Contact Us” at
Albaninspect.com. Please mention “Gazette Newspapers” in
your question. Every question will be answered and some will be
included in this column.
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