Legal Advice for improper home building - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

PaperBagger'14 · 03-01-2021, 12:46 PM

I dont want to get too detailed here, but my 13 year old home has received extensive water damage from improperly installed exterior construction materials.

Driving around the community i live in, there are hundreds of houses with the same issue that I could see from the street level. I cant tell if the water damage inside is as bad as my place, but they built many houses the exact same way.

Is it time to lawyer up, and does anyone know of a lawyer who specializes in potentially class action?

Thanks

undercoverbrother · 03-01-2021, 12:47 PM

Wanna let me know what the issues is by PM, I believe we live only streets away.

iggy_oi · 03-01-2021, 02:44 PM

Did you report this to your builder during the new home warranty period?

CaptainYooh · 03-01-2021, 03:50 PM

Quote:

Originally Posted by PaperBagger'14

I dont want to get too detailed here, but my 13 year old home has received extensive water damage from improperly installed exterior construction materials. ...

Chances are that you are over the limitations period unless:

This was a known and reported defect at the time of construction completion.
If yes, did your have Alberta New Home Warranty Program rule on it?
If no, was it a latent defect (as in you have had no chance of knowing about it acting reasonably)?

In any case, you should review with the lawyer and have an initial opinion. CP's own Troutman is a real estate lawyer, so PM him directly.

troutman · 03-01-2021, 03:52 PM

Defendant may no longer exist, or have any assets.

afc wimbledon · 03-01-2021, 03:55 PM

Buying houses hasnt really advanced beyond 'caveat emptor' which I think Troutman will confirm is Latin for 'go eff yourself sucker'

chemgear · 03-01-2021, 04:02 PM

Now I'm curious of what is so obvious just from the outside.

Leondros · 03-01-2021, 04:11 PM

Quote:

Originally Posted by chemgear

Now I'm curious of what is so obvious just from the outside.

I am going to go out on a limb and say water issues from improperly installed stucco - but just a guess.

Shazam · 03-01-2021, 05:03 PM

13 years? That's just normal wear and tear.

PaperBagger'14 · 03-01-2021, 05:32 PM

Quote:

Originally Posted by CaptainYooh

Chances are that you are over the limitations period unless:

This was a known and reported defect at the time of construction completion.
If yes, did your have Alberta New Home Warranty Program rule on it?
If no, was it a latent defect (as in you have had no chance of knowing about it acting reasonably)?

In any case, you should review with the lawyer and have an initial opinion. CP's own Troutman is a real estate lawyer, so PM him directly.

I believe that it would fall under the latent defect, but thats more for a lawyer to figure out. The defendant also very much exists and is quite a sizeable company, one of the big builders.

Edit: the house was built in 2008, so before the ANHW kicked in (2014)

Weitz · 03-01-2021, 07:11 PM

Hight of the boom? I’d be surprised the builder even exists anymore.

iggy_oi · 03-01-2021, 07:20 PM

Quote:

Originally Posted by Shazam

13 years? That's just normal wear and tear.

Looks like someone works for a home builder

I actually agree though that this will likely be the final decision in the matter one way or another

afc wimbledon · 03-01-2021, 10:13 PM

Quote:

Originally Posted by PaperBagger'14

I believe that it would fall under the latent defect, but thats more for a lawyer to figure out. The defendant also very much exists and is quite a sizeable company, one of the big builders.

Edit: the house was built in 2008, so before the ANHW kicked in (2014)

You make the classic mistake of thinking that a sizable building company with the same name owned by the same people using the same equipment and employing all the same staff is in fact the same company, building just doesnt work that way

Cappy · 03-01-2021, 10:54 PM

In alberta claims over 10 years old are essentially barred unless the defendant has committed fraud to cover up the wrongdoing. This is the case regardless of whether you found out about it or should have known about it.

Boreal · 03-02-2021, 08:18 AM

Around 10 years ago in my condo building we were having water issues, so we replaced the over 25 year old windows.

(I moved over 7 years ago so I don’t know what the current state is.)

We had a building consultant chat with the Condo board. He explained that windows and other exteriors components of a building are designed to shed or process water, not simply repel it.

He also explained the limitations of window design (window material like plastic or metal typically doesn’t have the same coefficient of expansion as glass) in extreme temp.

However, the biggest issue he mentioned was installation. You can have proper material and design, but if the installation is done incorrectly nothing else really matters and problems wil occur. We had our consultant watch the installation of a few windows to ensure it was being done correctly.

In 2008 I would say the likelihood of improper installation of windows or siding is high, while the evidence proving improper installation done by specific entities is low.

CaptainYooh · 03-02-2021, 09:19 AM

Quote:

Originally Posted by PaperBagger'14

...
the house was built in 2008, so before the ANHW kicked in (2014)

This is incorrect. ANHWP registration was in place long before 2008 and most Calgary homebuilders used it for deposit security and for mediating warranty disputes since the 70's. (Warranty program registration has become regulated and mandatory for all builders (including small ones) a few years ago).

Even if your lawyer advises you that you might have some legal recourse, the most sensible thing to do would be to write a letter to the homebuilding company, which built your home. Address it to the owner. Explain the problem and ask for assistance in fixing the issue. Try calling and speak to the owner directly.

Calgary14 · 03-02-2021, 09:25 AM

I'm going through a similar issue with our house right now. It's 8 years old and I've had water issues the past few weeks that are just getting resolved now (of course I had to pay).

I really, really, really wish I would have had a home inspection done a) when the house was built and b) right before the warranty ended. Now that the warranty period is done the builder doesnt care about the issues. I should have paid someone to go through the entire house to see the issues, they would have noticed the furnace wasn't installed properly and that the roof was leaking

mrkajz44 · 03-02-2021, 10:21 AM

Quote:

Originally Posted by afc wimbledon

You make the classic mistake of thinking that a sizable building company with the same name owned by the same people using the same equipment and employing all the same staff is in fact the same company, building just doesnt work that way

Just to expand on this, it's very likely the builder created a limited partnership that built a bunch of homes in that neighbourhood. That limited partnership is now either long gone or has zero assets left in it.

81MC · 03-02-2021, 10:24 AM

This thread is a good enforcement of my belief that the housing market is a scam and developers get super rich by being shady as ####.

Calgary14 · 03-02-2021, 10:42 AM

^Agree, if I knew we'd have these issues with a new home I never would have built new.

I hear new build condos are even worse - building foundation issues, plumbing issues, shoddy workmanship on the structure, all leading to artificially low condo fees for the 1st 5 years and then the reserve fund study gets done and the increases and special assessments begin