it was undisclosed, I had no clue.

wrote in message
ups.com...


On Jan 27, 3:59 pm, "David Martel" wrote:
Bill,

While it may not hurt to speak with your insurer that's not what I
meant.
You need to speak with the plumber's and the builder's insurers. And
follow
up with a letter to the person you speak with. But first buy an hour or
two
of a lawyer's time and get advice about your local laws and your chances
for
a successful suit or settlement and a good strategy. Obviously it will be
cheaper to settle than to sue. Since you do not know what damage these
leaks
have done you can't yet presume that this is a small claims case.


First thing I'd do is check any new home warranty that you have.
Here in NJ, these are routine and cover a variety of faults for
varying periods, depending on whether it's structural or just a
leak. You may find that at 3 years, it's covered.

Then, if the builder refuses to have it fixed, I wouldn;'t waste money
a lawyer. Get it fixed and then sue the builder in small claims.
Even with a lawyer, they could still tell you to get lost, because
they know the lawyer threatening to sue is just an idle threat,
because these cases in regular court are prohibitively expensive.
With $1500 limit in small claims, I would think that should about
cover it.

If the tub was damaged with a 2 inch X 1/2" crack, I would have
insisted on a new tub and not have accepted a repair, at least not
without a big fight prior to closing.