Legal Question in Construction Law in North Carolina

I've discovered mold in my daughter's bedroom in our less than 2 year old home. It's on the side of the window in the actual drywall. The window trim/ledge has pulled away from the wall. The drywall absorbs water during mild rain storms however, there is no water inside the house ( window ledge, pane, etc). The builder said that it's a maintenance issue.. that we failed to maintain the exterior of the house and ensure that it was caulked appropiately in the 2 year. They were only responsible for the first year. I believe the window wasn't installed correctly. The bottom of the window is more narrow than the top resulting in the blinds not fitting flush with the window. This occurs on the same wall on the first and second floor. I have been sick and my daughter, who is 3, has had an ongoing issue with allergies. What are my options? I contacted the warranty company who basically said the same thing as the builder. I've never heard of caulking or lack of being a valid reason for a new house to have mold. It's almost as if I'm expected to caulk the entire exterior of my home yearly. My last home was 15 years old and I never re-caulked the windows and never had this issue, even with a failed foundation. This doesn't seem to me to be a quality built home.

Asked on 7/13/11, 7:44 pm

1 Answer from Attorneys

Bob Bollinger Bollinger Law Firm PC

Crooked homebuilders abound. Talk to a Construction lawyer.

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Answered on 7/15/11, 2:23 pm

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