Construction defects in a new home's building envelope were effectively corrected with proper identification and negotiation.
The Bohrer family was nearing completion of their new home in Freedom, NY, but as the general contractor was finishing his work—and before the Bohrers had even moved in—they noticed some real problems inside and outside their new house. Large icicles and ice dams formed at the drip edges of the roof, and cedar siding was coming loose on the exterior walls. Inside, the kitchen and adjoining great room were cold and drafty, and there were water stains on the joints in the cedar ceilings. Attorney Jim Gresens referred the Bohrers to Tom Hamilton, at that time the owner of Advanced Roof Management, to inspect the house and determine the root causes for the problems.
Upon his detailed inspection, Tom determined that the root cause behind the roof problems, and the drafty interior and water stains, was a missing and ineffective air barrier along with poorly designed and installed attic insulation. In addition, Tom found that the cedar siding was not installed and finished as required by the manufacturer's instructions and industry standards. He wrote up his findings in a detailed Roof and Wall Report Card® for the Bohrers, along with the recommendation that they meet with him, the architect and the general contractor so that they could explore satisfactory solutions that would allow the Bohrers to move into their new home as soon as possible.
The results were outstanding. Tom negotiated with the Bohrers, their architect and the general contractor to install all the required systems, with the general contractor paying for all the repairs, amounting to approximately $250,000. These included new air barrier insulation in the attic and all exterior walls, removal of all the cedar siding and trim, and installation of a water management drainage plain system before new siding and trim were installed using the manufacturer-specified fasteners and sealants. The Bohrers added and paid for some upgrades that weren't in their original contract. Best of all, the resolution was negotiated between the responsible parties without legal intervention. "I would not have been able to resolve the problems with the construction of our new home without the help of Tom Hamilton," said John Bohrer.
"I would not have been able to resolve the problems with the construction of our new home without the help of Tom Hamilton."
John Bohrer Homeowner Freedom, NY