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I built a home about 6 years ago that is very custom. We had…

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I built a home about...
I built a home about 6 years ago that is very custom. We had wood floors specially manufactured just for our house. Shortly after moving in we noticed that some of the wood had mold growing on it. We never could figure out where the moisture was coming from but the floors were next to the entrance of the bathroom and the builder told us that the moisture from the bathroom was the cause. As the years went on however I have now seen damage from a very slow water leak that has made my baseboards ruin and also caused much more damage to the wood flooring. There is a leak from something that we can't determine and everyone that looks at it can't figure out what to do. This will be a major repair due to the wood floors having to be pulled up and re-stained which will entail sanding and baseboards removed and repainted. I'm not sure how to proceed. The contractor and subcontractors all say that too much time has gone by for them to be responsible, but I brought it to my builders attention at the very beginning and took his word on the moisture from the bathroom being the problem, but it is definitely a very slow leak that is causing this. I don't want to file an insurance claim because we just got struck by lightning and had a claim of over 100k and my insurance is going to go through the roof. This is a 1.2M dollar custom built home and I just want it fixed.
Submitted: 3 months ago.Category: Real Estate Law
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Answered in 10 minutes by:
1/4/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,355
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

The first thing you must do is identify the cause of the water. Without identifying the cause, there is no way to determine if the contractor will be liable or not. There is a 5 year breach of contract statute of limitation in Arkansas for this type of situation and you can argue you have been complaining about the defect for years without resolution and as such the period should be extended. There is also a 4 years from date of completion statute of repose for you to file a claim for construction defects under Arkansas law and again, you have grounds to argue for extension based on your continual work with the contractor to try to resolve the issue without success.

But before you can do anything you MUST get someone to properly identify the issue to show it is a construction defect or negligence of the builder, because without such proof the builder would be able to escape liability.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 123,355
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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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