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Fayetteville, GA 30214
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  •  Enlarge photo 1A Stately Nightmare

     This was not quite 7 years old when these were taken. "We started to suspect we had a problem because the rooms inside developed a musty smell - we traced the smell to around the electrical outlets, so we knew it was something inside the walls. We could not see any leaks, but a moisture meter did detect moisture in the walls at multiple spots. You can see that due to multiple construction defects (including defective stucco, incorrect window installation, and improper grading), the house was literally rotting to pieces beneath an exterior that appeared to be fine. Not even our contractor expected the damage to be as extensive as what they found." I should have had a home inspection

     Enlarge photo 26Good Stucco Gone Bad

    Defects within the building trades concerning stucco, as well as providing informational resources about proper stucco application. We take photo contributions from all sources and seek not to point out individual offenders, but rather to raise the consumers awareness level so tha they can be on guard against he problems in their new house. A house is such a huge expense now days and it is a sin that poor workmanship, improper texhniques and just plain greed can set new homeowners up for a nasty surprise a few years down the road. 

    Article: Stucco, Water Woes and Rot

     

     What holds  your foundation together
     Common and careless errors that can have grave consequences for a home’s foundation. Will todays foundation last?         

     

     Heater circuit burnup, FPE breaker failed to tripFederal Pacific Electric (FPE) Electrical Hazards 

    Information for building inspectors, home buyers, home owners, electricians exploring the background of possible hazards associated with Federal Pacific Electric Stab-lok circuit breakers and service panels. Federal Pacific Electric "Stab-Lok" service panels and breakers are a latent hazard and can fail, leading to electrical fires. The problem is that some double-pole (240-Volt) FPE circuit breakers and possibly also some single-pole units simply may not work. We also have reports that independent of the breaker problems, there have been panel and panel-bus fires and arcing failures in some equipment.were significant and are documented in differant studies.

     
      




     Hardboard Siding

    May 25, 2001  A rash of class-action lawsuits against manufacturers of hardboard siding has saddled the material with a reputation for buckling, swelling, and other moisture-induced problems. Those chickens now appear to be coming home to roost. Citing a 40% decline in hardboard's overall market share in the past five years, the Masonite Corporation has stopped production of all hardboard siding products.

     

              
                   Masonite Stamp on the back of the product        

      
                                  Water Heaters
    Mar 28, 2000 Added to
    : All persons throughout the United States who have owned or currently own a water heater manufactured by Rheem Manufacturing Company, A.O. Smith Corporation, Bradford White Corporation, American Water Heater Company, Lochinvar Corporation and State Industries, Inc. (the "Tank  Manufacturers") that contains a dip tube manufactured, supplied or sold by Perfection Corporation ("Perfection") between August 1993 and October 1996 ("Subject Dip Tube"), and said water heater or dip tube was purchased prior to September 8, 1999.

    Q: What causes a construction defect?

    A: A construction defect can arise from a variety of factors, such as poor workmanship or the use of inferior materials. Many arise from a combination of factors, including:


    Improper soil analysis and preparation

    Site selection and planning

    Civil and structural engineering

    Negligent construction

    Defective building materials
    Q: What are some of the most common types of construction defects?

    A: The most common types of defects involved in litigation include:


    Mold

    Water issues

    Electrical systems

    Landscaping and soil

    Faulty drainage

    Foundation, floor, wall and roof cracks

    Dry rot

    Structure failure

    Heating and electrical
    Q: How is a construction defect proved in court?

    A: It depends on the defect. Some defects are obvious and are called "patent". Other defects are hidden or do not become apparent until years after the home was built. These defects are called "latent". A successful construction defect litigation claim relies on the testimony of a building Inspector who specialize in specific areas of construction. The Inspector investigate the defect, evaluate the cause and make recommendations for how to remedy the defects.

    Q: What kind of damages can be recovered?

    A: It depends on the facts and circumstances of your case, but in general the cost of repairs and the decline in the value of your home may be recovered. Additionally, other recoverable damages might include the loss of the use of property during the repair, the cost of temporary housing, court costs, and in some instances the attorney's fees if provided for in the contract or by your state's laws. Of course, any personal injuries resulting from the defect may be recovered. In some instances punitive damages may be assessed against the defendant if the court finds their behavior to be reckless and intentional.
    Q: Who pays for the damages?

    A: Typically the defendant's insurance company that was in effect when the damage was first noticed will be responsible for paying the damages.

    Q: Are there any time limits on filing a lawsuit for repairs?

    A: Yes, but it varies by state. Many states have legislation that requires the homeowner or homeowners association to notify the developer or contractor of the defect and give them an opportunity to remedy the damage. Then they can file a lawsuit if the defect is not repaired. The statute of limitations (the time limit for filing a suit) also depends on whether the defect is latent (hidden and not obvious to a reasonable person) or patent (obvious). The shortest time limit is three years from the date the defect is discovered, or should have discovered the problem. Other statues start from the date of completion of the home. It is important to take action immediately if your home has a construction defect.

    Q: Who is responsible for construction defects?

    A: There may be several responsible parties, but generally the responsibility will lay with the general contractors, developers, and the builders of residential structures even if the work was performed by subcontractors or if the defective materials used in construction were manufactured by others. Architects, designers and other involved parties may also be defendants in litigation.

    Q: Should I make repairs while the lawsuit is pending and can I recover those costs in the lawsuit?

    A: Usually the homeowner or homeowner's association is required to protect property from sustaining additional damage. Such costs are recoverable in the lawsuit. Failure to perform routine maintenance and reasonable repairs can cause or contribute to additional damages, which could be offset from the owners claim and lead to the defense of "failure to mitigate damages".

    Q: Can I sell my home during a pending lawsuit?

    A: Generally homeowners are allowed to sell their home during the lawsuit but most states have a disclosure law that requires a homeowner to disclose to a potential buyer that the home is involved in litigation.

     

     

     

       
       

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