Update:

Well, after my complaints to the builder they finally sent a roofer out and added some parts(flashing), resealed the roof, and guaranteed there would be no leak. About 2 days later, the rain came, and the leaks were still there.  I again complained and they sent the roofer and manager out to take another look. They are again making repairs, insisting that they do not see any leak. Well, i can tell you without a doubt, when it rains, it leaks. I have buckets and towels up on the attic to prevent any more damage to the sheetrock and interior dwelling.

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Statements made to me by the builder and roofer since this began:

You, the homeowner, need to reseal your roof due to weathering.

Homes are meant to be water resistant, not waterproof. If theres a hurricane, for instance, you will have some water in your roof due to strong rain and winds.  (I LIVE IN AUSTIN, TX BTW)

If I, the roofer, cannot fix your home, I shouldnt be in the roofing industry.

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If this next round of repairs does not do the trick i will be forced to hire my own contractor to at least see if they can see anything differently. The only reason I have not is due to costs and that the builder was willing to honor the warranty to attempt a fix on their own.  I will pursue an attorney, whom I have already been in contact with,  or arbitration, but I know there are other costs involved. At the end of day I just want my home to be repaired.

I am also planning on filing formal complaints with whomever will listen (TRCC, BBB, ETC) if this is not resolved.

Thanks again for the input, for the forum to vent, and for reading!

thanks for your replies.

To add insult to injury , the builder again sent the same contractor out after this posting. My thoughts were, if they fix it fine.  Sure enough as soon as it started raining, the leaks continued. So, I think you guys are onto something about the flashing or inproper installation.  Either way I am very unhappy with their incompetence and am going to resolve this on my own. 

The contract wording is a bit confusing to me, but I would hope they would compensate me for any costs I incur.  I would just as soon do this though litigation, but I have heard you are often forced into arbitration.

Thanks again for your input!

I am seeking the professional opinion as to whether or not a builder can be held liable in any way for faulty construction of roofing.

We built our home in North Austin approximately 2 1/2 years ago. We have had multiple problems with the contractors work. The current issue is a leaking roof. When it rains, it leaks through the 2-3 vents extending from the roof for ventaliation. On numerous occassions we had the builder come out and take a look, sometimes even declaring there was no leak despite obviuos roof damage; finally after a third call, they made an offer to have a contractor seal it. This happened the 1st year in the house, and most recently was discovered again in May of 2006. Just this morning as it began raining i climbed into the attic to check on this issue and there were again 2 leaks.

Builder claims that it is the responsibility of the homeowner to reseal the roof often due to normal deterioration from weathering. Everyone I have talked to that has lived in a home has never heard of this being the case.   Is this normal? I dont think so especially since the first leak was less than a year in the house.

 Luckily, at this point the damage has been fairly minimal, but for obvious reasons I am seeking a permanent fix to the problem.

My main question at this point is can the builder be held liable through litigation?  My two purposes are to get the roof fixed and be compensated for their neglect and problems caused to my family.  Their arrogance and repeated problems with the construction have finally pushed me to the point of seeking legal advice.