Legal Question in Construction Law in Virginia

New Home Construction

We hired a builder to build our house and we closed in Sept of 2005. Our contract states the house is to be vinyl wrapped including porches. We have just discovered that the back porch was alumium wrapped over treated lumber. The chemical from the treated lumber is eating the alumium wrap away. I did some research and found out that a vinyl membrane should have been installed over the treated lumber to prevent this from happening. My question is, is the builder liable to repair this?


Asked on 1/16/07, 4:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: New Home Construction

Yes, I would say that the builder would appear to be liable for what would seem to be a breach of the construction contract to enwrap the entire house(including porches) with the required vinyl wrapping in a workmanlike manner(assuming that under the contract no other materials such as aluminum or other materials were permitted to be substituted for the vinyl wrapping).

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Answered on 1/16/07, 5:15 pm


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