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Who pays for cracks in a new home construction?

Posted on 2/24/15 at 10:41 am
Posted by Crusty
Baton Rouge
Member since Aug 2011
2427 posts
Posted on 2/24/15 at 10:41 am
Yes, I have the contract at home and I will review it when I get there…but in the meantime, does anyone know if the contractor is typically responsible to fix any cracks caused by a new construction settling over the last 12 months? Throughout the house, you can see cracks in trim work where the trim has separated or maybe pulled away from the wall. I do not see any cracks in the sheetrock (except for 1 spot in the ceiling in the garage), bricks or foundation. Yes, I could fix them myself but there are quite a lot of them and some of them are really high up so if I didn’t have to…I would prefer to just let someone else take care of it. My wife says that someone told her the contractor would come back and fix these within a year, but I don’t recall seeing that anywhere in the contract.

I’m in Baton Rouge before anyone asks where I am located.
Posted by GrammarKnotsi
Member since Feb 2013
9339 posts
Posted on 2/24/15 at 10:43 am to
quote:

Yes, I could fix them myself




This is not the solution to a cracked foundation
Posted by lsu777
Lake Charles
Member since Jan 2004
31041 posts
Posted on 2/24/15 at 10:44 am to
the trim work is doing that because they didn't let the wood sit inside in the cool air before cutting it. Causes the wood to shrink some once inside the AC. pretty much happens on every house that the owner doesn't know better. Happened to me, won't next time.


as far as who should fix it, depends on the contract. if the contract states all problems from actual construction, you should be fine.
Posted by Honkus
Member since Aug 2005
51160 posts
Posted on 2/24/15 at 10:44 am to
Yea typically the contractor is liable for those within a year.

As a general rule, horizontal cracks, especially running where the wall meets the ceiling are normal as the house settles. Vertical or stair case cracks are a sign of bigger problems
This post was edited on 2/24/15 at 10:45 am
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 2/24/15 at 10:44 am to
Technically it depends on contract and warranty language and if any implied warranties apply, but in reality the answer is the homeowner regardless.
Posted by tigerj22
Baton Rouge
Member since Jul 2013
179 posts
Posted on 2/24/15 at 10:45 am to
My house had a 5 year warranty on all construction and material faults. I would think settling would be covered by most warranties.
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 2/24/15 at 10:47 am to
New homes should have a 12 month warranty attached.
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
8374 posts
Posted on 2/24/15 at 10:48 am to
GC will take care of them. Ours even went through the trouble of telling my wife "look this stuff will crack but it's no problem it happens all the time and we'll fix it".
Posted by Chad504boy
4 posts
Member since Feb 2005
166246 posts
Posted on 2/24/15 at 10:49 am to
quote:

Who pays for cracks in a new home construction?



You will. Have fun.
Posted by jose canseco
Houston via Houma via BR via NOLA
Member since Jul 2007
5667 posts
Posted on 2/24/15 at 10:52 am to
Under a year old. Contractor will repair
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
8374 posts
Posted on 2/24/15 at 10:53 am to
Why? If he's still within his year they should be happy to touch that up for him. I don't have it specifically mentioned in my contract but the builder said they'll come back through again and touch up that stuff if it happens again within the year.
Posted by ruzil
Baton Rouge
Member since Feb 2012
16899 posts
Posted on 2/24/15 at 11:00 am to
GC should take care of it if within 12 months from purchasing the home if he is a decent human being.

The state mandated 1 year warranty requires the homeowner notifying the builder IN WRITING of any defects that need to be fixed. I hope you didn't fall for the "Mr. Nice Guy Good Ole Boy" I will take care of you business like I did.

I trusted the jackass and didn't notify him in writing and had to cover substantial defects (windows that were rotting within the year) myself.

Notify in writing and send it certified mail.
Posted by VetteGuy
Member since Feb 2008
28164 posts
Posted on 2/24/15 at 11:01 am to
I doubt your home is settleing.

Now that you've went through a heat/cold cycle the trim work has expanded/contracted.

Good GC's know this and will have the painter go back and caulk it up
Posted by Chad504boy
4 posts
Member since Feb 2005
166246 posts
Posted on 2/24/15 at 11:02 am to
quote:

Why? If he's still within his year they should be happy to touch that up for him.


sounds like his year is expired...
Posted by Chad504boy
4 posts
Member since Feb 2005
166246 posts
Posted on 2/24/15 at 11:04 am to
quote:

I would think settling would be covered by most warranties.




yeah, that would be logical, you think warranties that cost a few hundred bucks want to cover home settling issues where the walls crack and all kinds of huge arse issues... yeah, they just toss that coverage in for free. everybody points a finger and off to court you'll probably go.
Posted by VetteGuy
Member since Feb 2008
28164 posts
Posted on 2/24/15 at 11:10 am to
I'd go after the GC and the foundation company.

Mainly the foundation company.

Op just has wood shrinkage. He can sue the forests.
Posted by Chad504boy
4 posts
Member since Feb 2005
166246 posts
Posted on 2/24/15 at 11:12 am to
quote:

Op just has wood shrinkage.
we have like a 50 pg cialis thread.
Posted by TIGRLEE
Northeast Louisiana
Member since Nov 2009
31493 posts
Posted on 2/24/15 at 11:16 am to
It's part of living in Louisiana.
My house is 6 months old and I notice it everywhere.

Painters told me wait til this summer buy a 3$ tube white caulk and find a latter, fix it yourself.
Posted by blacykaty
Katy, Texas
Member since Nov 2009
480 posts
Posted on 2/24/15 at 11:26 am to
So, been running your heater? It dries out the air, which in turn dries out any wood (think trim). Painters us calk to "seal" the joints and then paint over it. If you don't do anything and wait a few months, the gaps will disappear due to high moister content going back into the wood. You could use a good quality calk and do it yourself now if you like, but be prepared for it to bulge in the summer when you have high humidity.
Posted by Crusty
Baton Rouge
Member since Aug 2011
2427 posts
Posted on 2/24/15 at 11:28 am to
Thanks guys.

I will start by reviewing the contract. Then I will follow that up by filing a lawsuit against the forests. Next...a certified letter to my GC asking him to fix the cracks. If none of these work, then I'll grab some spackle, a tall ladder and some Cialis.
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