Construction Defects - Water Intrusion
March 3, 2009
A home’s essential purpose is to shield its occupants from the elements. Therefore, one way to measure the quality of a home is by how well it keeps out the wind, the cold (or heat), and the rain.
By today’s standards, your home’s ability to keep out rain should be nothing less than perfect. The slightest defect in design or construction that allows water to penetrate the building envelope can lead to extensive damage and costly repairs. The types of damage that water can cause include:
- Stains on walls, ceilings and/or woodwork
- Blistered paint
- Damaged sheetrock
- Warped or delaminated wood floors, moldings, and cabinets
- Structural damage from swelling in wood frame and rusting fastners
- Toxic mold
- Wood rot
How Water Can Enter Your Home
Your home’s roof and exterior walls form a waterproof barrier intended to keep the home’s interior dry. But water is insidious. If there is a way to get in, water will find it. If the barrier is not properly designed and built, or if it’s built with defective or substandard materials, water will exploit the defect and end up where it is not intended – inside your attic, walls, or floor, and possibly even inside your living space.
Most non-structural construction defect lawsuits start with water intrusion. The major systems that can experience failure in keeping water out of your home are:
Roof and Roof Openings
The waterproofing of a simple pitched roof system on most homes consists of
black roofing paper covered by a roofing material – asphalt shingles, wood shingles or roofing tiles typically. On an almost-flat roof or one with very little slope, hot tar and gravel or asphalt-type rolled roofing are used. In any case, a properly constructed roof should remain waterproof twenty years or longer.
But all it takes is one small oversight, one little mistake, and the roof’s waterproof barrier can be compromised. This can occur from such simple mistakes as leaving a nail hole uncovered or not sealing a void in the application of hot tar or rolled roofing.
Where pipes or chimneys extend through the roof, extra waterproofing measures are required which include metal flashing and roofing mastic. The wrong size or placement of flashing or the poor application of mastic can provide another opportunity for water intrusion.
Complex roofs with multiple ridgelines and homes with both first story and second story roofs create new opportunities for mistakes. Different rooflines coming together create valleys where flowing rainwater becomes concentrated. These areas and the areas where a first story roof meets a second story wall require special care in roofing to avoid leaks.
Impact of Roof Leaks
Water entering from a leaking roof usually collects unnoticed in the attic space. A roof leak is often not noticed unless the leak is severe or there is no attic space between the leak and the ceiling drywall. Then the telltale water spots appear.
If the leak is noticed and corrected soon after it occurs, it is frequently not very expensive or problematic. Sometimes, though, finding the source of the leak may be an issue, and in some cases, the cause may be difficult (expensive) to fix.
If a leak problem exists for a long period of time before it is discovered, additional problems in the form of mold and wood rot may add significantly to the damages and the repair costs.
Exterior Walls and Openings
The waterproofing of an exterior wall is somewhat similar to a roof. A black building paper is first applied to the building frame, and then covered with another material that acts as a barrier against water. In both roofs and walls, the black paper is a second line of defense against water that may get behind the first barrier.
Leaks in a solid exterior wall are not very common because the wall doesn’t have to shed as much water as a roof. If a leak does occur, it can be for the same reasons as leaks in a roof – uncovered holes or unsealed voids.
The openings in a wall, however, tend to be much more leak-prone than the wall itself. Windows are the most frequent problem areas, followed by openings for vents, electrical panels, plumbing, and exterior light fixtures and outlets. Doors can also be problem areas, but most are covered and protected from rain. But even doors protected mostly from direct rain may experience leakage underneath the door from wind-driven water if not properly weather-stripped and caulked.
Impact of Wall Leaks
Wall leaks can be much more problematic than roof leaks. Because water migrates downward, a roof leak eventually announces itself as a water stain on the ceiling. As water from a wall leak travels downward, however, it may be quite some time – if ever – before signs of the leak become evident on the inside of the home. This allows a much longer time for the moisture to eventually create very serious mold and wood rot problems.
Decks and Patios
The deck level immediately outside of an exterior door should be at least two inches lower than the interior floor. This prevents water pooling on the outside from flowing inside.
Where a raised deck or second story balcony meets the walls of the building is another place especially susceptible to water intrusion if not properly constructed and waterproofed.
When a deck must be waterproofed to protect parts of the structure below it, extra special care is required because of the wear on the deck surface from foot traffic. Deck surfacing materials often have to be re-applied every few years to keep them waterproof.
Impact of Deck Leaks
Water leaking in a waterproofed deck or in the area where the deck meets the house makes its way into the deck’s and home’s floor system where it may go undetected until wood rot starts making the area “spongy,” or mold growth begins causing adverse health effects to the occupants.
Warning Signs of Leaks
Visible Signs
If you see any type of wetness or water stain inside your home, have it professionally investigated and corrected. During the inspection, watch out for any signs the leak may have existed for a long time and the presence of any other, hidden damage.
Spongy Wood
The worst part of hidden leaks is you don’t discover them until major damage has occurred. Any soft area in the floor, decks, or walls could be a sign of wood rot occurring because of constant moisture. Be sure to check interior floors for softness immediately adjacent to exterior walls that have a deck on the other side, and to check the entire surface area of decks.
Musty Smell
A constant musty smell can be a sure sign of hidden mold growth fueled by a water intrusion problem. People who are especially sensitive to byproducts of mold may complain of watery eyes or a burning sensation in the nose or throat.
When You Have a Water Intrusion Problem
Water intrusion in a home is not acceptable. If you discover such a problem within the home’s warranty period, contact your builder immediately. The builder should correct the problem promptly and reimburse you for any other damages you suffer because of the leak.
If your builder does not make good on his obligations, you have a short period of time (within the statute of limitations) to file a legal claim. To protect your rights, contact a qualified construction defects attorney right away.
If you need assistance finding an attorney, please contact us using the form on the right.
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