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Is a builder responsible for mold growth on the exterior paint on a 2 year old home?

Asked over 2 years ago - Santa Rosa, CA

I have a 2 year old tract house that has the start of extensive black mold growth around all 4 sides of my house and it is located on the facia boards and under the eaves. When I contacted the builder, they said that it was not their responsibility to correct the issue. I contend that the wood was painted wet or it is a faulty paint finish.

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Attorney answers (2)

Dana Howard Shultz

Reputation Level 15

Answered over 2 years ago. Business Attorney in Oakland, CA.

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If you do not have additional evidence to support your contention (i.e., more than mere conjecture about wet wood or faulty paint), then I have difficulty seeing how you could prevail over the builder in a lawsuit - especially if, as appears to be the case, the house went through more than one year's worth of seasonal changes before the problem appeared.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

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Tamara L. Boeck

Reputation Level 5

Answered over 2 years ago. Construction / Development Lawyer in Sacramento, CA.

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I agree with the prior answer - a mere contention, without additional information or evidence of the cause (and the facts surrounding it), will not support liability or responsibilty by the builder (or anyone else). Side note: based on the age of the home, it may be subject to the statutory "Home Builder's Right to Repair Statute" Civil Code sec. 896....and likely warranty or other contractual requirements. Specific timelines and requirements apply to avoid losing those rights.

** This response does not create an attorney-client relationship.

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