Eric C. Holzapfel Construction Law Blog on Lawyers.com

     When you mention water problems in homes, most people think of leaky roofs and basements.  The cost to remedy those types of water problems usually pales, however, in comparison to the cost associated with remedying moisture intrusion inside of the exterior façade of the home.

     Moisture penetrates the exterior façade in primarily three different areas:  windows, doors, and the exterior wall itself.   A relatively constant intrusion of moisture into a home will rot the wooden framing and sheathing.  It may also lead to the growth of mold on the framing, insulation and drywall.  Depending on the type of mold, it may create health issues for the occupants of the home.  

WINDOWS

      Virtually all windows leak to some degree.   Since the window is not going to be 100% effective in keeping the moisture out, it is critical that the installation of the window contain the appropriate amount of flashing.  The flashing serves to return moisture that has penetrated behind the window back to the outdoors.  In absence of such flashing, the moisture will come in contact with the wooden framing, insulation and ultimately the drywall of the home.   The presence of a moisture-resistant barrier such as Tyvek can certainly help, but will not totally prevent, the moisture getting to the inside wall cavity of the home.  

     Moisture penetration around a window can also be caused by the improper installation of the window itself.  Specifically, there is a caulk joint around windows and doors that is designed to fill in the space where the exterior wall abuts the window or door and is designed to allow for contraction and expansion of the window and the façade of the home.   In order for the caulk to be effective, that space must be a specific width; no larger or smaller.  If the space is too large, the caulk will have trouble maintaining its integrity in filling up the space.  If the space is too small, the caulk joint will not be able to handle the expansion/contraction.  In either case, the caulk joint will fail and moisture will be able to penetrate the home. 

EXTERIOR FAÇADE

     Two particular types of façades have caused moisture intrusion issues; EIFS and brick construction.   They each present their own unique problems. 

1.    EIFS.  EIFS stands for “exterior insulation finish system.”  It is designed to look like real stucco but basically consists of a foam board attached directly to the framing/sheathing and is covered by a pasty-looking mixture that resembles real stucco.  The most well-known of the EIFS is Dryvit.  Historically, the trouble with EIFS façades is that they are designed to create a waterproof system.  The problem is that when moisture intrudes behind the EIFS system through windows, doors or other openings in the exterior façade, the moisture cannot escape.   The result is deterioration of the wooden framing and mold.  

2.    Brick Construction.  Most people perceive brick construction to be the strongest, most solid type of exterior façade.  Structural integrity aside, brick is porous and allows moisture to wick through not only the brick itself but also the mortar that surrounds each brick.  The problem arises with the construction of the wall and the sheathing behind it.  Most building codes require a one-inch space between the interior face of the brick and the exterior face of the framing or sheathing of the home.  Most, if not all, homes have sheathing made of OSB Board (wood chips are glued together to give the appearance of a solid board).  Not all building codes require the builder to put a moisture-resistant material like Tyvek over the exterior face of the OSB sheathing.  Regardless of whether the Tyvek-type material is installed by the builder, if the builder is sloppy with the mortar surrounding the bricks to the extent that the mortar tends to fill up the one-inch cavity between the brick and the sheathing, the water will wick through the mortar or the brick and come up against the wooden sheathing and/or wooden framing of the home.  Once again, this will lead to a deterioration of the structure of the home and possibly mold.

     Brick façades also require the installation of “weep holes” at Code-specified intervals in the mortar between the bricks.  The purpose of the weep hole is to allow air to enter and water that has condensed on the inside of the brick and mortar to escape.   Moisture-related problems can be caused by either a lack of weep holes or their improper installation.   A weep hole that is blocked or does not open into the requisite air space between the brick façade and the exterior sheathing of the home will be ineffective in removing moisture that has penetrated the brick façade. 

     Moisture intrusion in the home is a serious matter.   In addition to ultimately causing mold and its attendant problems, the water can over time cause the structural members of the home to rot and lose their structural integrity.  As you might expect, that is a big problem.  Detection of moisture in the wall cavity of the home is difficult to detect unless it is to the point of staining the drywall or floors of the home.   There are various instruments that will measure the amount of moisture inside of the wall with certain façades but the most reliable, and most expensive, way is the actual removal of part or all of the exterior façade of the home.  

     Virtually all of the homes that I have dealt with were relatively new homes.  Under the law in Ohio, a builder is liable not only to the immediate buyer but, in certain cases, subsequent buyers, if he has failed to build the home in a workmanlike manner.  It is similar to a negligence claim.  If the builder cannot afford to make the repairs, resort must be had to the builder’s insurance carrier.  Even if the builder has insurance, however, coverage under those policies is not at all guaranteed and must be determined on a policy-by-policy basis.

     At The Drew Law Firm, attorneys from our construction law practice, each with extensive experience in this area of law, protect our clients' interests in a particularly challenging legal environment. Our clients include general contractors in disputes with subcontractors, owners, architects and materialmen in commercial construction projects, as well as new home buyers involved in disputes with residential builders. We understand the advantages and disadvantages in resolving disputes in court versus arbitration.

     Our lawyers work with clients to identify the clients' goals, explain to the clients what their options are, and then, in light of the circumstances, recommend a course of action. It is our objective to provide legal services that resolve our clients' problems successfully, efficiently, and cost-effectively.

     The early stages of any legal dispute are critical. If you would like to speak with a lawyer from our construction law practice about a defect claim or other issue, we invite you to contact our Cincinnati, Ohio, office to arrange an initial consultation.

Our construction law attorneys: Eric C. Holzapfel, Anthony G. Covatta, Robert M. Smyth and George J. Zamary.

Related practices: civil litigation, employment law, commercial real estate, residential real estate