AboutToni Yates Expertise As a real estate broker and agent for over 12 years, I am qualified to answer questions about buyer and seller agency, home ownership, second home ownership, lake property and basic real estate information and laws as they apply in the Commonwealth of Virginia.
Experience 12 years in real estate and a second home owner. Top producer for many years. Have specialised in resort and second home as well as primary home ownership. Also have expertise in equestrian properties. Owner and one of the founders of Re/Max Lake & Country as well as Greenway Horse Farm.
Organizations National Association of Realtors, Virginia Association of Realtors, Fredericksburd Area Association of Realtors, Richmond Area Real Estate Association and Charlottesville Association of Realtors. Re/Max and the Better Business Bureau.
Education/Credentials Real estate licensing and broker licensing courses as well as required and optional continuing education in my field.
Awards and Honors Top producer awards from FAAR and Re/Max.
Question QUESTION: I am a Soldier in the Army and I will be deploying to Iraq in February. I bought a house in Woodbridge, VA (Belmont Bay). I am writing to ask for your help with water intrusion problems in my home and dozens of other homes in my community. My home was built by the Stanley Martin Company. I bought the home in 2006, and discovered rainwater leaking into the house causing thousands of dollars in water damage, mold, and mildew. In fact, my entire community has been enduring this problem with over 40 other residents and homes leaking since 2004. The problem is with the Belmont Bay developers and shoddy construction/Home-builder companies (to include CENTEX Corp and Miller & Smith) allowed to build and repair our homes. Stanley Martin did finally make some band-aid repairs to my home last August 2007, but the rainwater still floods into my home. The water is leaking in thru the exterior brick façade and is due to faulty workmanship, missing flashing above windows, low-quality building materials, and no inspections from the county during construction or repairs. My home was built in 2001, but Stanley Martin is refusing to take the appropriate action to fix my home. Two more (Miller & Smith) condo buildings in my community have also begun leaking, and the “repairs” have been ongoing for months now… The developers, HOA and contractors are just not fixing the problems. Please, I (we) are begging for your help and assistance with this matter tearing down our homes and community. These contractors/builders should not be allowed to build any more homes or buildings in Virginia (or anywhere else in the United States) until this issue is resolved. I have attached pictures of the homes with tarps in my community (both past and present) so you can see for yourself. Marvin
Marvin Iavecchia
13777 Ulysses Street
Woodbridge, VA 22191
703-232-2032
ANSWER: Hi Marvin-
Thanks for your question. I truly wish there was something I could tell you that would definitely help but all I can really do is make some suggestions, more as a consumer than a real estate professional. As you know, the builder is only required to warrant the home for 2 years. Did you have a home inspection when you bought it? Did the previous owners disclose that the basement leaked (they surely should have known)? Did the HOA disclose ongoing issues in its disclosure package? I believe what I would do is first try to organize the people in your community who have these issues and see about retaining a good attorney to perhaps start a class action suit. There is strength in numbers. One of my agents is going through some problems with her builder and has hired someone she thinks very highly of. I can get his name if you are interested. I also believe that I would get the press involved, starting with the FreeLance Star and possibly the TV stations, again with your group of affected homeowners. That kind of pressure can help move mountains. The problem is it also may affect the resale value of your property. You might also check and file a complaint with DPOR in Richmond, the state board that regulates builders and contractors as well as the Better Business Bureau, possibly even the local Builders' Association. Does the Army have any type of Consumer Advocacy that can help put pressure on them? You should also involve the county and get copies of your building inspections- let them know what you are contemplating and see what they have to say. You will probably need to have an inspection(s) by a structural engineer to determine exactly what the builders did wrong, if anything. These are just some thoughts. Hope this helps and best of luck, Toni
---------- FOLLOW-UP ----------
QUESTION: I recieved a professional assessment from an architect and it appears my home and many of the other Stanley Martin homes are in violation of the Virginia State Building codes and the International Residential Codes. See his findings and recommendations attached. Pasted below as well. http://groups.google.com/group/leaking-stanley-martin-homes?hl=en
JOHN HUGH McLEOD IIIARCHITECT LLC
2712 Bowling Green Drive, Vienna, VA 22180 703-280-1090/703-819-6663(c) john@mcleod-arch.com
September 27, 2008
Dear Marvin,
I visited the property at the above address on September 18, 2008 regarding the water intrusion. I
gathered information from the Owner (you) and representatives of the original construction
contractor, Stanley Martin, and made visual observations. The following is a summery of my
observations, analysis and recommendations. No invasive tests were performed, and no
guarantee is made as to the correctness of the analysis, or the effectiveness of the
recommendations.
1. Observations
a. Construction Of Wall
The house wall construction is wood frame with single wythe brick veneer. The east
wall (left side as one faces the front) is the source of the leaks, and is two stories plus the
gable in height. The roof overhangs the wall by about 1 foot. Slight gaps between the
wood trim and brick were observed at the comers.
The roof of the projecting bay window has metal step flashing, and as part of previous
attempts to correct the water intrusion, bricks have been removed and additional counter
flashing installed. Weep holes are located below the windows, but no weep holes were
observed above them, and the joint between the steel angle lintels and the bricks are
caulked with sealant.
According to the Owner, a section of sheathing was removed from inside the attic
allowing observation of the back of the brick veneer. The cavity was of minimal
dimension and encumbered with mortar. The workmanship of the masonry on this
concealed side was poor.
b. Evidence Of Water Intrusion
Damage to the interior finishes of gypsum wallboard and paint were observed at the
heads and jambs of the first floor windows. According to the Owner, water intrusion was
greatest during the driving rains of tropical storm Hannah. During this event, large
amounts of water came through wall around the kitchen window, and the water inside the
wall in the living room was sufficient to telegraph the pattern of the wood framing
through the wallboard.
lof3
JOHN HUGH McLEOD IIIARCHITECT LLC
2712 Bowling Green Drive, Vienna, VA 22180 703-280-10901703-819-6663{c) john@mcleod-arch.com
Significantly, no water intrusion has been reported or observed at the second floor
windows. The water may be getting through the veneer below the level of the second
floor window heads.
2. Analysis
Masonry walls are almost never water tight, and accepted practice assumes there will be
some water intrusion. This problem is solved by having a cavity between the outer wythe of
masonry and the backup wall, whether framed or masonry, with a water barrier on the outer
face of the backup wall. The outer masonry wythe acts as a rain screen, and any water that
gets through it is intercepted by the water barrier in the cavity and directed back out by
flashing through weep holes at the bottom of the cavity. The cavity breaks the capillary
action and provides an unobstructed path to the weep holes. For this reason, it is important
for the cavity to have a minimum dimension and be kept clear of obstructions during
construction.
These elements of design are explicitly required by the Virginia Uniform Statewide Building
Code (VUSBC) which incorporates by reference the International Residential Code (IRC).
The following are taken from the 2006 IRC, earlier codes had similar or identical language.
See also the attached Figure R703.7, Masonry Veneer Wall Details.
R703.7.4.2 Air space. The veneer shall be separated from the sheathing by an air space of a
minimum of a nominal 1 inch (25 mm) but not more than 41/2 inches (114 mm).
R703.7.5 Flashing. Flashing shall be located beneath the first course of masonry above
finished ground level above the foundation wall or slab and at other points of support,
including structural floors, shelf angles and lintels when masonry veneers are designed in
accordance with Section R703.7. See Section R703.8 for additional requirements.
R703.7.6 Weepholes. Weepholes shall be provided in the outside wythe of masonry walls at
a maximum spacing of33 inches (838 mm) on center. Weepholes shall not be less than 3/16
inch (5 mm) in diameter. Weepholes shall be located immediately above the flashing.
The wall, as constructed, appears to be in violation of at least two of these code
requirements. The presence of flashing over the lintels could not be determined. The lack of
weep holes above the window lintels prevents water in the cavity from escaping to the
outside, resulting in it following the only alternate path, into the interior of the house, with
the attendant damage. The caulking of the joint between the lintels and the brick may
actually make the situation worse by preventing the water from seeping out there.
3. Recommendations
It is impossible to know from the visual observation how drastic or invasive a solution will
be required to solve the problem. The following are offered as increasingly sure but costly
repalfs.
200
JOHN HUGH McLEOD IIIARCHITECT LLC
2712 Bowling GreenOrfve, Vienna, VA 22180 703-280-1090f703-819-6663(c) john@mcleod-arch.com
a. Install weep holes above the first floor window heads. Remove caulking at joint
between lintels and brick, and drill weep holes in mortar joints. The problem
with this is that it will be very difficult to remove the mortar without damaging
the flashing that is presumed to be over the lintel, and it does not address possible
blockages to the cavity.
b. Remove and reinstall brick in a triangular area above the first floor window
heads. With the brick removed, inspect and repair the flashing and clear any
obstructions in the cavity. Reinstall the brick with weep holes.
c. Remove and reinstall the brick veneer from the entire wall, at least down to the
level of the first floor window sills. With the brick veneer removed, inspect the
water barrier, sheathing and flashing. Replace any sheathing or framing damaged
by water. Repair and tape all joints in the water barrier. Insw.llflashing over all
lintels, extending it beyond the ends of the lintels. Reinstall the brick veneer with
a I" minimum cavity, using appropriate methods to keep the cavity clear of
mortar droppings and debris. Install weep holes over all lintels.
Please do not hesitate to call or email if you have any questions or need further assistance.
Thank you for giving me this opportunity to work with you.
Sincerely,
John Hugh McLeod ill, Architect, LLC
John McLeod, Member
Attachments: Figure R703.7, Masonry Veneer Wall Details
Invoice
30f3
MIN. CLEARANCE OF
3/4-IN.(19 mm)
WALLBOARD
WATER.RESISTIVE BARRIER OR .
APPROVED WATER.REPELLANTb
SHEATHING
MASONRYVENEER
1 IN. AIR SPACE OR
1 IN. MOR11\REDSPACEc
WATER.RESISTIVEBARRIEROR
APPROVEDWATER-REPELLANT
SHEATHING WALLBOARD
METAL TIEb INSULATIONBETWEEN STUDS
STEEL UNTELd
SEALANT
MASONRYVENEER
For SI: 1 inch =25.4 mm.
a. See Sections R703.7.S. R703.7.6 and R703.8.
b. See Sections R7032 and R703.7.4.
c. See Sections R703.7.4.2 and R703.7.4.3.
d. See Section R703.7.3.
FIGURE R703.7-continued
MASONRYVENEER WALLDETAILS
2006 INTERNATIONAL RESIDENTIAL CODe8
WALLCOVERING
Answer Hi Martin-
Thanks for your nice comments and rating. I applaud you in being a man of action, particularly in light of your going overseas shortly. God bless you and best of luck in ALL your endeavors. I am "responding" to this question in order for your findings to be published to this website. I would be interested in seeing a response from the builder.
Thanks again and good luck, Toni
 Woodbridge, VA','Water Intrusion')){kind=link}