We noticed some mold growth around the house. I went around the entire house pulling sections of vinyl siding for inspection. What I found is the entire house is wrapped in plastic. Because of this all the sheathing on the house is soaked in water and black mold. The mold has leached into the house in several places. Everyone in the house has been sick since last fall which various respiratory plroblem. The floors has buckled in a couple of spots. I believe it's because the plastic isn't letting the water out and the water and mold has rotten the floor. I worked construction for several years and you never wrap a house in plastic. You have to use a product that allows air movement as well as water protection, like Tyvek. What are my options here?
Lawsuit / Dispute Attorney
First think you need to do is have a qualified engineer examine the house, and determine exactly what the problem is with the house. An attorney will then need to read that report and review the purchase agreement and warranty on the house to determine if there is anything that can be done.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldstewart.com
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Construction / Development Lawyer
You most likely are out of time to do anything since you say you purchased the home "around 7 years ago." The minimum statutory warranty for a new home is 6 years. However, that six years only covers major structural failures. While mold is a significant problem and extremely expensive to remedy, it is generally not a structural issues. Non-structural issues last less than 6 years under the statutory minimums.
While the manufacturer is free to provide you with a warranty that exceeds the statutory minimums, it is very uncommon. The prior answer suggesting a full engineering report is a good place for you to start. From there, speak with a local construction attorney right away. They will review your warranty (find your closing documents a copy of your contract) and find out if you still have time to bring a claim.
Lemon Law Attorney
You've received two excellent answers. I'd venture to say even if you are out of warranty, you may still have a claim as to damage inflicted on you, perhaps via negligence? If you can prove that the plastic caused the physical damage to your family, there may be something there? There may be others out there too who are suffering and who have made a claim within the warranty period? I'd check the net for similar stories.
Also, I'd speak to a consumer attorney who may be able to find one or two ways to get them on the hook, for instance, they may be offering "secret" warranties, to try to control the PR damage. Find someone who handles these types of matters here: