Another Update AGAIN...Does anyone have stucco?

[duff]

Update 7/13:
A few contractors and the attorney who contacted me have seen the disaster that is my house.  Every single one agrees that there was no maintenance needed and the stucco work was beyond subpar.  The last contractor even pointed out stucco debris that had not been cleaned up and had dried in the drain directly above the biggest problem area.  This was on 6/27.  It took me until TODAY to work up the nerve to email the dickhead builder (my anxiety has been beyond out of control any time this comes up....MH offered to take over dealing with it, but I felt like it'd be looked at like I need MH to step in, KWIM...probably not realistic, but again, anxiety).  I included a picture of the drain, and basically said "Hey, I took your suggestion, several people came out to look at it and it was agreed that 1) I did not miss any maintenance and 2) You fucked up by at least not cleaning the drain.  The asshole wrote back 20 minutes later with this:

"V,

My suggestion was to have a few stucco contractors bid the repair. Your home has not been under warranty by [Shitty Builders] or numerous years now.

Whatever decision you and [Husband] make are yours to consider on the ongoing maintenance of your home. Thank you."

So, what now?  I am seeing red and started firing off a very angry email to this asshole, but decided to come here instead.  The bid from the company I like best came in at only $1,000.  I got the legal contract from the attorney and it confused me...it sounds like ALL costs will come out of whatever settlement with nothing up front.  If this is the case, I don't mind going that route because it needs to be fixed no matter what, and if I can recover any of my $1,000, that's okay.  I'm about to call the attorney now to get some clarification over that.

It's $1,000.  I have the cash, and it's not a ton of money.  But I am LIVID that I have proof that these guys left the drain clogged with stucco and I'm basically getting a big middle finger from them.  I won't lie, I want to cause as many issues as possible for them right now.  And because downtoearth asked, yes, they are still building in the neighborhood.  On top of it, my neighbor/friend, who has the same floor plan as me, and moved in 2 months before I did just had a flood from her hot water heater...which is a common issue per the attorney.  She does not want to pursue legal action.  It makes me sick that these fuckheads are taking advantage of people STILL.

I just can't even right now.

*****************************

Update 6/21:
So I had one contractor come out on Friday.  It is definitely synthetic stucco that was not installed correctly.  He said that it looks like we got some cracks, but water got inside and froze.  I didn't mention to him that I'd already talked to my builders about it, and asked him what I should have been doing to prevent this from happening in the first place.  I swear, the man looked at me like I'd suddenly sprouted an extra head.  As we all knew, there was no real maintenance I should have been doing - he said I could rinse dirt off the bottom with a hose from time to time, but he noticed that we didn't even have any dirt built up around the foundation.  I got his quote on Monday and it's much, much, much less than I expecting ($2,000 vs the $10,000+ I thought it'd be).

The law firm that is considering taking the class action suit sent an attorney out yesterday for a visual inspection.  It turns out that the AC issues we were having the first 4 years we owned the house is one of the major problems they're seeing, especially on the exact floor plan I have.  But, he said that stucco has been the biggest problem.  He looked over the entire house, taking pictures (was not expecting that - we're in the process of swapping two of the bedrooms, so they're both a complete disaster).  He didn't see any other issues, but freaked out when he saw the stucco.  I don't think he was supposed to say it, but he told me that if the firm doesn't end up taking on class action, that I'd have a very strong case on my own and that he encourages me to look into it.  IF the firm takes the case, they'll take 40% of any settlement, plus the homeowners have to pay out of pocket for the experts they'll have to bring out (architects, contractors, plumbers, etc.).  It may also be a while before we hear anything on whether or not they're moving forward.

I have another contractor coming out on Monday, and hope to find a third, but I'm having the worst time getting these companies to call me back.

I'm not sure what route we're going to go.  MH and I seem to be taking turns between getting too angry to rationally talk about it or wanting to say fuck it and just repair it and hopefully sell in the next couple of years.  I've not contacted the builders again since my last update.  I just don't even know what to tell him at this point.  He apparently knows that there's a class action being considered and had his lawyer send a cease and desist letter to the firm I talked to.  The attorney said that he's heard from several homeowners that the builders keep harping on some supposed maintenance that we all missed (I hadn't even told him that I'd contacted them, so it sounds like this is pretty common). 

Anyway, thanks for letting me vent.  I'll update again if/when anything changes. 
********************************

Update 6/10:
Well, I called four contractors yesterday.  I've heard back from one, who can't make it out till the 27th.  I took that day off work so I can be available, but I'm really hoping I'll hear back from the other three before then.

The builder replied to my email with the pictures last night and was pretty condescending.  He said it looked like water damage because I didn't maintain my home.  He also mentioned that he saw that my house was for sale, so I should be talking to my realtor about this.  I replied back that my home has never been listed, so he's obviously looking at someone else's house.  Also that I agreed that it was water damage, however due to where the damage is, it's clearly from the rain (and I live in NM, it's not like we get tons of rain).  He'd offered to come over and look at it in person when I talked to him on the phone, so I asked him to let me know when he's available.

The douchebag emailed me back this:
The photos were enough for me to understand the issue so no need to visit. As you are aware the warranty from [Builder]  is one year. That expired over five years ago.

I would suggest you get three bids from licensed stucco contractors. The repair should be routine. However earlier maintenance would have been considerably less.

I AM RAGING.  WTF was I supposed to do?  Run out and towel off my stucco after every rain storm?  Maybe run the blow dryer over it?

I have not replied back to his email.  It took me a good 12+ hours to calm down enough to reply to the first one.  I'm very tempted to print out my response to this last email, wrap it around a brick, and throw it through his office window.

All that said, I just left a message for the lawyer about 30 minutes ago...I'm pretty sure she'll discourage any brick throwing.

****************************

Update:
So the builder never replied to my email.  I decided to call them this afternoon and the owner answered the phone.  Dude totally remembers me, down to the address and the floorplan we built.  I tell him about the stucco and he tells me, word for word, "Well, it's been 6 years, you have to maintain your home.  I'll have my vendor call you so you can get a quote on fixing it."

I said something that there is no way the entire world that this is normal wear after only six years, that I know people who have lived in their houses for 15+ years without these kinds of problems.  He tells me, "Well, it's not like it's falling off, right?  Stucco cracks, you live with it, or you repair it."  I informed him that it is, indeed, falling off.  At this point, he gives me his personal email address and some story about how he had to change vendors about five years ago because the last guy went under.  Gosh, I wonder why.  I got him to let me know who his current vendor is so that I can be sure to have a different company come out to look at it; I don't trust this guy at all, and I know he's going to try and get out of fixing it.

The funny thing is - the law firm I called about the class action suit called me back while I was on the phone with him.  I haven't called her back yet, I need to calm down and figure out WTF do next.

**********************************

We built our home (part of a subdivision) about six years ago.  A few days ago, I was sitting on the back patio and noticed that the stucco on the balcony looked like it was sagging.  I got up and looked at the rest of the balcony, and sure enough, it's sagging, peeling, and bubbling all over the place.  I just sent an email with these pictures to our builders, but I know the warranty is out as of last year and considering that they fought us on nearly every other issue we've ever had, I know it's going to be a nightmare to get anything done.

From my limited internet research, it looks like the stucco was improperly installed and this is the result of water damage, so now I'm worried about mold.  Also from what I've seen online, and just from living in an area where stucco is very, very common, we shouldn't have any issues for at least 15 years.  My mom's stucco still looks great on her 25 year old house, but maybe she's just lucky or it was fixed/replaced sometime before my parents bought their house.

I don't really know what I'm looking for, besides just wanting to vent about this, LOL.  But has anyone here had these kinds of problems?  Any idea how long stucco should last?  I apologize if these pics come out huge....

[cmeon]

That's definitely poor application of/quality stucco. I'm sorry! It's been an extremely common problem in the past couple of decades. Check with neighbors, there have been some successful lawsuits locally, where subdivision neighbors joined together.

ETA: Is the rest of your house block, or is the whole house EIFS? Is the porch the only part that's having problems?

[bunnymendelbaum]

My first thought was to wonder if it is EIFS and not real stucco. EIFS has been known to have some pretty bad water issues. Sorry!

[duff]

So far it looks like it's only the patio, but we noticed a few other spots where the stucco fell away in 3-4 inch pieces. I know one other neighbor had problems, but they've moved and I don't have their number.

The interesting thing is that I was texting two other neighbors about this last night and one of them reminded me that we received something in the mail recently about a class action lawsuit against the builders for things like stucco and concrete damage. I may give them a call to see what's going on with that, but until I saw the replies on this, I was feeling a little squicky about going the legal route. Their letter does say that they'll have someone come do an inspection, which needs to be done now no matter what.

Regardless, I think I'm going to call someone on my own to come have a look. FML.

And thanks so much for the replies.

[duff]

Oh, and I'm not sure if it's EIFS. I need to see if MH remembers.

[duff]

I updated the OP, in case anyone is interested.

[mrsukyankee]

I hope you still talk to the law firm and that this guy gets it in the (*&)*^. He's full of shit.

[julygal]

Nope those are not normal cracks that you maintain. We have owned 2 stucco homes that have had settlement cracks. They have never buckled like your photos. They have always been hairline cracks that get sealed and the paint touched up. He is downplaying your concerns hoping you move on. I'm glad you are getting a second opinion so you are informed when you talk to the builder about solutions. Call the lawyer back to see what they say. Keep after the builder in the meantime.

[duff]

And yet another update in OP.

[cmeon]

That is moisture intrusion on synthetic stucco (EIFS)- it's absolutely, most definitely, due to improper installation (moisture should NOT BE GETTING IN). There's no maintenance you missed. Way to be a completely unhelpful fuckface, builder!

Start looking at ways to handle this in the courts- document EVERYTHING, including that asshole's response to the photos- and do get a good EIFS repair person out (mold can become a BIG problem quickly even if you're not in a humid area).

[thatgirl2478]

I would REALLY like to know just exactly what maintenance you 'missed'.

[duff]

Jun 10, 2016 17:06:12 GMT -5 thatgirl2478 said:

I would REALLY like to know just exactly what maintenance you 'missed'.

Ha! Same here!

[hbomdiggity]

You need to contact an attorney (construction defect) asap.

[mrsukyankee]

That guy has balls. I hope you kick them with the attorney.

[duff]

Jun 11, 2016 0:20:24 GMT -5 hbomdiggity said:

You need to contact an attorney (construction defect) asap.

I actually did manage to get a hold of the attorney involved in the class action suit last night. She said that they have several documented defects already. The inspector is coming out on the 20th.

In the meantime, another contractor called me back today, but their office was closed by the time I got his message. I'll try again on Monday. My concern is that this will need to be fixed relatively quickly, especially if there's mold - and my guess is that the lawsuit will take quite a bit of time. And I want some professionals out here to see what's going on and to inform me of whatever maintenance I was "supposed" to be doing.

I haven't replied to the douche canoe's last email yet. Every time I tried all I could come up with was "fuck you fuck you fuck you."

[hbomdiggity]

Jun 11, 2016 21:32:34 GMT -5 duff said:

Jun 11, 2016 0:20:24 GMT -5 hbomdiggity said:

You need to contact an attorney (construction defect) asap.

I actually did manage to get a hold of the attorney involved in the class action suit last night. She said that they have several documented defects already. The inspector is coming out on the 20th.

In the meantime, another contractor called me back today, but their office was closed by the time I got his message. I'll try again on Monday. My concern is that this will need to be fixed relatively quickly, especially if there's mold - and my guess is that the lawsuit will take quite a bit of time. And I want some professionals out here to see what's going on and to inform me of whatever maintenance I was "supposed" to be doing.

I haven't replied to the douche canoe's last email yet. Every time I tried all I could come up with was "fuck you fuck you fuck you."

I doubt you would have to wait until the lawsuit is resolved to remediate if there are health and safety concerns. But you will need to document the conditions you are claiming they are responsible for. And depending on the status of the lawsuit you may need to give them a chance to inspect as well. Something to ask the attorney.

Just be careful of any destructive inspections.

If he contacts you (which seems unlikely since he seems to be ducking the issue) I'd tell him all communication needs to go through your attorney. That's generally a good enough "fuck you".

[whiskeytails]

I did appreciate the visual of you outside with a blowdryer...

How awful of a situation and sucks you have to wait until the 20th for inspector.

[duff]

I know, I was hoping that the inspector could come out sooner.

I called four contractors last Wednesday to see what repairs would be needed and what they would cost. Of the four, only two have called me back (the most recent was about 15 minutes ago). One is coming out tomorrow, the other can't make it until the 27th.

I just can't wait to have this guy come out tomorrow and to find out what kind of maintenance I was "supposed" to be doing. I'll update again after I talk to him.

[duff]

Bumping for another update.

[hbomdiggity]

What state are you in?

So the class action attorney would do this on what's called a contingency fee basis. The problem with this case is that there will likely be lots of experts. I'd contact another attorney and try and pay hourly for some basic case assessment and letter writing to the builder to get the ball rolling.

There is not a chance I would spend a dime on repairs without at least pursuing legal recourse a bit more. But, I also understand that lawyers are expensive.

[mrsukyankee]

Wow. That sucks.

[duff]

Jun 21, 2016 16:00:43 GMT -5 hbomdiggity said:

What state are you in?

So the class action attorney would do this on what's called a contingency fee basis. The problem with this case is that there will likely be lots of experts. I'd contact another attorney and try and pay hourly for some basic case assessment and letter writing to the builder to get the ball rolling.

There is not a chance I would spend a dime on repairs without at least pursuing legal recourse a bit more. But, I also understand that lawyers are expensive.

I'm in NM. This is what another friend recommended too. She's supposed to get back to me with an attorney recommendation, hopefully tonight, but she's in TX and hasn't lived here in a while.

[glw]

Ugh, I'm so sorry you're going through this.

[downtoearth]

That sucks. I mean, if the fix is just $2k and you'd have to pay for expert testimony and then only get 60% of the settlement, do you think you'd come out ahead of the $2k in fixes? I'm not sure how that works, but it just seems like that the builder could settle for the cost of the repairs only and it might screw you, but I have never had to sue someone, so I don't know.

I hope you guys figure it out and I'm glad you have contacted the builder so they know their work was subpar to begin with.  Are they still active builders who are doing the same to other people?

[duff]

Bumping for another update.

[glw]

Jun 6, 2016 12:25:51 GMT -5 duff said:

Update 7/13:

Ugh.

Seems pretty clear you're not going to get anywhere with the builder, so I would pursue the class action. I'd photograph everything and get a written statement from the contractor about what needed to be fixed, that it wasn't a maintenance issue, etc. and then pay to have it fixed in the hopes that some/all of the cost can be recouped through the lawsuit. 

[mrsukyankee]

glw, agreed.

[duff]

glw and mrsukyankee, now that I've calmed down, this is exactly what we're going to do. The second we're able to sell this house, I'm going to...at this point, I never want to own a home ever again.

Thanks for letting me vent so much. I know I don't "go here" and I really appreciate it.