Hi,

Last Summer my wife and I purchased a newly build home in Lake Tahoe. I just learned that ice dams caused water leakage from the roof and caused damages in the house (walls, hardwood floors, etc).

Is the builder liable for this? He said damages from ice dams are "technically" not cover under new construction warranty?

Is he correct?



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You would have to read the terms of any warranty you were given, and any warranty in force by law, if any.

Ice dams don't happen by bad luck; they happen by either poor design or poor construction or both.

Find out the terms of any warranty which may cover you, and see a lawyer. He will probably recommend an examination by a licensed expert of some sort, and then the battle will begin.

What caused the ice dams? There are many things that can cause these - from poor insulation, bad roof design or nature itself (warming and cooling). Either way you need to find out the cause. If it was from poor insulation then he is probably liable, if it was a bad design then it's probably going to get ugly (who designed it, who knew about it and who ignored it). If it was from a weather incident where you had some snow then warm weather that melted the snow, then it froze again then the builder may not be at fault (assuming no construction errors were made). The key is to find an independant investigator (possibly an home inspector) to figure out what exactly caused the ice dams. Otherwise it's going to be an he said/she said situation that no one is going to win.

My advice to you is to contact your attorney. The builder even if he appears to be your friend will say anything to get out of making the repairs. He will use the excuse that the building department approved all work thus he is not liable. He may or may not be.
You should have received a written warranty on the home at closing. This warranty will say that a independent person chosen by the builders insurance company will have the chance to review and make the decision on who fixes what. They will want you to sign a document agreeing to what ever the result is. This document will bite you big time. Its there to prevent you from suing for further damages should they be discovered later. Do not sign anything. This person although independent gets paid by the insurance company and its his or her job not to make them pay out to much even though you think this person is your best buddy. And they will make you think so. Get your attorney involved. Be sure this person understands contract law as it pertains to home warranties. If not find one who does. Its an industry like no other. You will need an expert in the area of attic ventilation, insulation and construction. A home inspector is a generalist not considered a expert. Although we get sued like were supposed to know everything. But that’s another story.