Legal Question in Consumer Law in Texas

Roof leak, Possible mold growth, who is responsible?

My husband and I purchased a home in Texas October, 2001. Because it rains so infrequently here in Mission we were unaware of a leak we had in our garage. We sent a letter to both the construction and corporate office in September of 2001 requesting that the leak and other noted problems be fixed. They had an individual come out to repair problem (or so we thought). It wasn't until about two weeks ago after several rainfalls that we noticed the sheetrock in the garage to bubble. I contacted the construction office locally and was informed that a ''roofer'' (who turned out to be a ''handyman'') was sent over. It has been approximately two weeks since I reported the problem and I am now afraid that we will have mold damage. Our contract states that the builder is not responsible for any mold growth ''known or unknown''. Does this mean they are not liable if they make repairs and mold still grows?


Asked on 9/19/03, 12:04 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Roof leak, Possible mold growth, who is responsible?

I'm not sure just how well that disclaimer would hold up in court. If the leakage has caused the sheetrock to 'bubble' you'd probably want the sheetrock replaced whether moldy or not. They would be responsible for water damage caused by the leaking roof.

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Answered on 9/19/03, 12:31 pm


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