Expert: Barry Clifford Snyder - 10/20/2004

Question
I live in Alabama and purchased a new townhome in December 2001. The new construction came with a 1 year warranty. Well before the year had passed, I began to notice small water damage on the kitchen ceiling, as well as puddled water on the back porch leaking into the master bedroom, causing substantial water damage to the carpet and curtains. I contacted the constractor several times, only for him to be a "no-show" each time we decided on a time for him to come inspect the damage and resolve the issues. This has now been going on for almost 3 years. I had an engineering firm come do an analysis of the house, which revealed that the back porch was poured incorrectly with the slope toward the house, causing water to collect here. The engineering report offers 2 remedies...1) cut drainage grooves into the porch or 2) break up the porch and repour it. The 2nd option would prove to be quite expensive, as the porch is actually part of the foundation slab. Also, it adjoins the foundation of the neighboring townhome, risking damage to it during repairs. However, I feel that the "drainage groove" solution will ultimately reduce the resale value of my home. Also, is it possible to recover any money lost during the many times I took off work to meet with the contractor, only to have him not show up? Is it possible to recover any of the depreciated value of the home? Thanks for your time. Any suggestion will be greatly appreciated.

Answer
Mr. Weir,
If you lived in California, I would feel confident responding with some answers.  However, since you are in Alabama, I need to refer you to a wonderful law firm - Carr, Allison - which has offices in Birmingham and elsewhere.  Tell me specifically where you are located and I will give you an attorney's name and phone number to call.

Barry Snyder  bsnyder@snyderlaw.com