Legal Question in Construction Law in Virginia

Make builder repair rain soaked insulation/drywall?

New construction semi-custom home. Interior finishes were done prior to completing roof and brick facade. House sustained rain once while hanging drywall, then a solid week of record rainfall. Many ceilings and walls soaked. Builder claims this is normal and refused to fix it. We had areas tested for moisture and tests were pos. Builder said in letter he would reimburse costs and fix any damage found by inspection. Now he wants copy of report to determine if he needs to do independent testing himself. We want him to abide by his letter and fix problems. We want walls and insulation removed. How do we enforce this?


Asked on 5/30/03, 2:15 pm

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

Re: Make builder repair rain soaked insulation/drywall?

Send the builder a copy of the report and let him do his own testing if that's what he wishes.

However, if the results of the two testings differ considerably in the amounts of moisture damage indicated and you believe yours more accurately reflects the actual damage caused by the rain, the courthouse should be your next stop unless the builder agrees to settle on your terms.

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Answered on 6/01/03, 3:28 pm


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