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Organizing your community to bring public attention to builder’s bad deeds and seeking assistance from local, state and federal elected officials has proven to be more effective and much quicker for thousands of families. You do have choices and alternatives.  Janet Ahmad

Tennessee Builder accept no responsibility for construction defect & mold
Thursday, 14 September 2006

Mold creates nightmare at new home in Farragut
The Houses moved into their $400,000 home three months ago. They have a one-year homeowners warranty, yet they're stuck with the bill to clean up the mold. "The builder says he hired the sub but that's where his responsibility ends," Sherrie says. "He doesn't owe us anything." ...Sherrie now questions the whole point of the builder's homeowner's warranty. "This home is two-months-old. We shouldn't t have problems."

Mold creates nightmare at new home in Farragut

September 13, 2006 Mold creates nightmare at new home in Farragut

By DON DARE
6 On Your Side Reporter See Broadcast Repoort

FARRAGUT (WATE) -- An eighth of an inch mistake in a bathtub created a leak that led to a mold nightmare at a new home in Farragut. Now, no one wants to take responsibility.

Over the last decade the number of mold claims in the U.S. submitted to insurers increased significantly.

Some insurance companies won't cover mold damage unless it's the direct result of a covered peril like a burst pipe. But often mold caused by a water leak is an issue for the property owner.

Water soaked drywall is being removed from Sherrie and Neil Houses' new home.
Water soaked drywall is being removed from Sherrie and Neil Houses' new home.

Water soaked drywall is being removed from Sherrie and Neil Houses' new home. Water from a leaking bathtub soaked the walls and two rooms. The leak was not plugged quickly enough.

Now, unhealthy mold can be seen on the new rafters.

"The drain right here, this is the edge around the drain not sealed properly and an eighth of an inch caused a lot of problems the water in the tub," Sherrie says. "The water drains not in the drain but down my wall."

Neal says they discovered the leaking water and called the builder immediately. The builder then called the tub installer but he didn't arrive for three weeks, according to the Houses.

"Finally he comes out and he looks at it and he determined that it's not my problem. It's the plumber's problem. I believe you got a leak in your plumbing," Neil says.

Neil also says the plumber came out the next day. "The plumber pulls the bottom drain up and there is about an eighth of an inch gap in the seal around the drain."

Water was still leaking from the tub when 6 On Your Side visited last week.

The buildup of mold in their home made the couple and their children sick. A specialist has been called in to rid the house of mold. "We just found much higher levels of mold than should have been in this environment and it will not go away on its own," an air quality specialist says.

The Houses moved into their $400,000 home three months ago. They have a one-year homeowners warranty, yet they're stuck with the bill to clean up the mold.

"The builder says he hired the sub but that's where his responsibility ends," Sherrie says. "He doesn't owe us anything."

The developer tells 6 On Your Side, "Initially, we tried to take care of the problem by plugging the leak."

But they said when mold was discovered, their insurance carrier decided cleaning it up should be covered by the homeowner's insurance company. They said they took their position based on their insurance company's advice.

Many homeowners insurance policies don't cover mold damage but Sherrie and Neil's insurance does and they paid extra for it. However, they're about to exceed the $10,000 limit on their mold coverage.

Sherrie now questions the whole point of the builder's homeowner's warranty. "This home is two-months-old. We shouldn't t have problems."

If caught early, mold can be removed by a thorough cleaning of bleach and water. It wasn't caught early enough for the Houses. Testing costs about $550.

Many insurance companies now insert clarifying language in the homeowners policies saying whether they offer mold protection.

On Wednesday, the Houses also learned their tub is defective.

To find out whether you're covered, check with your carrier. 

http://www.wate.com/Global/story.asp?S=5404799&nav=E8Yv

 
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