1.) When was the mold first discovered?
2.) Even with the moisture barrier would it not seem reasonable that the house would in fact have some water intrusion from the above listed storms?
3.) Are any other houses in the area/neighborhood affected?
4.) When the photographed items (drywall, duct work, etc.) were removed from the house were they wet and was there evidence of current water intrusion?
I understand a builders overall liability, however I also understand any person/business entity protecting themselves. In this instance I believe that the builder is doing the correct legal action to file with his insurance company against the subcontractor who most likely was responsible for the lack of moisture barrier.
SoWalGayBo -
Let me try to answer your questions and point out a few things too.
First, the State of Florida Statues state when the builders responsibility ends. My lawsuit was filed within that period of time for this type of building defect.
My home is one of many that went through the hurricanes you mentioned. Probably many people who have commented and/or reading this thread have homes that also weathered these storms. In fact, I am currently living in a home that was built around the same time my home was built and it does not have mold problems. It has a moisture barrier. I am unaware of any other home in my neighborhood that has the sever problems my home has had, they probably have a moisture barrier as well.
If a house is properly built, with a moisture barrier, instead of vinyl siding nailed directly to plywood and OSB, there is a much better chance that moisture would not penetrate the walls and cause a HUGE mold problem.
Answer to questions.
1. Already stated several times before.
2. Maybe or maybe not. If all houses had water intrusion like mine, then the entire neighborhood should be leveled. Fact is, this question can never be answered because my house had no chance, it did not have a moisture barrier to protect it against the water intrusion.
3. Not to my knowledge. There are a number of people who have lived here as long as I and a number of homes that have been here as long as mine. I haven't knocked on all doors, but most people in my neighborhood know what is happening to my home and they have not had the same problems. That alone should tell you something. My house had no moisture barrier, theirs, more than likely do and they were protected against huge amounts of water intrusion.
4. It would make no difference whether they were wet or dry, the past moisture intrusion had caused the mold problem and the contractors hiding behind their insurance company and not addressing the problem in a timely manner allowed the mold to continue to grow. Mold doesn't just up and disappear. It needs to be removed.
As I earlier stated, I, too, see why the general contractor has gone after the subs, however, the State of Florida, as I am sure your attorney friends have told you, require me to go after the General Contractor.
I sue the contractor, who is TOTALLY RESPONSIBLE FOR THE BUILDING OF THE HOUSE TO ME, including the workmanship of the subs he hires. The courts have allowed him to in turn, sue subcontractors in a third party complaint. I understand that, however, this action was approved and taken months ago. There is no reason for me to remain in this lawsuit. Your attorney friends will tell you that the General Contractor needs to make me whole NOW, then his insurance company has what they need to continue to go after who they feel is responsible.
THE CORRECT THING AT THIS POINT FOR THE BUILDER TO DO IS TO INSTRUCT HIS COUNSEL TO, AGAIN, MAKE ME WHOLE NOW, THEN CONTINUE TO GO AFTER HIS SUBS. HE HIRED HIS SUBCONTRACTORS, NOT ME. I HAVE NO CLAIM AGAINST HIS SUBCONTRACTORS, HE DOES.
There is no reason for me to continue to suffer financial hardship or anything else at this point. He has what he needs for his insurance company to reimburse themselves at what ever point they choose. No need for me to continue to pay outrageous loan fees, attorneys fees, rent to live in another house, mortgages, utilities on my home which I cannot live live and other hardships involved in remaining in this mess. There is no reason for me to have to continue to completely close my business to sit through hours of depositions where questions such as, "Do you know who the father of your son is?" (Yes, that was one of the questions), that have nothing to do with the construction of my home are ask to me.
And again, had the contractor stepped up to the plate and fixed my home like he should have, then we wouldn't be discussing this at all. Nothing would have stopped him from going after his subs, without causing financial ruin to me.
He handled and continues to handle the situation badly. There is no reason to continue causing me to suffer because of a "mistake" they made. Your friends, lawyes,etc, understand the legal system and will validate what I have just stated.
Just how long could you continue to pay 2 mortgages, (the second mortgage taken out to try to repair the home), utilities and other expenses on a home you could THAT IS NOT HABITABLE, AND rent, utilities and other expense involved in a rental home to live in? Coupled with legal expenses, interest, long disruptions of my business time, etc.
Unless you are independently wealthy, no one can.
THE BUILDER IS RESPONSIBLE TO ME FOR THE HOME I PURCHASED. HE IS RESPONSIBLE TO ME FOR HIS SUBCONTRACTORS ACTIONS. I could care less what he does with his subs, they were HIS subcontractors, not mine.
All I have ask from day one is for the builder to DO THE RIGHT THING. FIX THE PROBLEMS HIS DEFECTS CAUSED. I tried to work with the builder and his attorneys, and insurance company for a YEAR and a half before I took legal action.
There was no reason for this suit to ever have been filed, no reason for YOUR TAX DOLLARS and my money to continue to be spent on this matter. But, the builder did NOT handle the situation properly and continues to not handle it properly.