Half of home collapsed after garage addition was added, insurance or builder?

Question

My neighbor had a garage addition added to his home, it was attached the home in an "L" shaped corner where the home exists. Since the garage sat inside the "L" he used bolts and bolted a large board to the existing home, then the trusses on the inside of this "L" portion were added. Well this side of the home already was supporting two full stories. The Garage added more, for an already under built corner support. Well, my neighbor was sitting in his home last night and starting hearing some crackling sounds, as he went out to investigate, you guessed it, the corner wall, garage roof, and about 1/4 of his home caved in. It was bad.

The builder said he is not responsible since it was 2 years ago he built it and the warranty was only 1 year. So is this an insurance claim or what? Is the builder liable even though the warranty expired, or is my neighbor screwed? I would guess there is $100 K in damages.

Answer 1

First he goes to his insurance company then they go after the builder if the proper permits were aquired. If this addition was done without the proper permits your neighbor is in big trouble.

Good luck and thank god that no one was hurt!

Answer 2

If building permits were drawn and the county allowed this work to continue then I would say that the owner should go after the county, the builder and, anyone else that built that.

The county building inspector should have never allowed the building to continue in this manner. Then the builder should have never built it in this way.

The insurance company can look at it but, unless they or you insist they pay, they aren't going to do anything.
Get an attorney, whether the warranty dates are over or not, there is still a warranty of liability on it. This simply means that the garage was added to and would be used for a garage and the house and garage would stand the test of time. Not just for a few years. Sue

Answer 3

Sounds like the builder and any designer are responsible and legally liable. Time limitation of legal liability for construction and professional design in most states range from 7 to 10 years. The builder's liability policy should include completed projects, if he had it. And if he and the designer have any assets, they will very likely have to pay damages.
Report it to the insurance company and mortgage company. They may want their lawyers to jump in also to protect their interest. If the addition was financed, it would be a good time to review the contract the builder signed to build the project.
Tell your neighbor this may be a time when a lawyer is a necessary evil.

Answer 4

1yr warrantys don't hold up because a house is expected to last 30+ years. Your neighbor needs to file on his insurance to repair the damage and the insurance company will go after the builder and/or the jurisdiction that permitted and inspected the work. Any investigation that does not include a soil analysis and examination of the foundation for the addition is incomplete.

Answer 5

Were permits taken out? City inspections done and all deficientcies fixed up to the inspectors liking? If so, builder is off the hook. No permits or inspections? Builder and home owner are in big Big BIg BIG trouble!!!! The insurance company will also want to see permits and inspection reports for the addition and any wiring etc also added.

Answer 6

Your best bet is to get a lawyer now.

You can already see the the case is complex and that there are a few issues of law that walk very fine lines of liability.

It you're going to get opinions in this regard, get legal opinions. From lawyers.

This is not the time to make a mistake.

The decision you make now can cost you thousands of dollars. Take it seriously.

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This way, you don't have to worry about being disloyal to your insurance company by getting an attorney to work against them neutrally, and you'll have some muscle when you go after the contractor's people, or at least a good opinion on his liability.

Answer 7

Was your neighbor a builder and did he have his plans inspected by a structural engineer?
No? He may have screwed himself. If his building addition was not cleared by somebody technical, he may have underbuilt his structure relying too much on the house wall to hold it up.(as it sounds like the trusses were pulling sideways on the walls (that were engineered to hold vertically, not horizontally.)
Builder would be in the clear as you modified his initial structure. Insurance is going to fight, so be prepared.
Would be similiar as to "driving a bulldozer into the side of the house" and asking insurance to cover you for your own mistake. Personal opinion.....Think not.

Answer 8

Is the building contractor licensed? Was a permit taken out for the addition? Was it inspected during and after completion? If licensed, report the contractor to the state licensing board. If unlicensed, report the contractor for doing business without a license. Sue the contractor.

If the work was not licensed, neighbor might have fewer options. . Consult a lawyer see what his options are.

Answer 9

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Answer 10

Yes, the contractor is responsible for getting appropriate approvals and permits. If he did follow the approved drawings, you may need to go after the building department that allowed a poorly designed and supported roof. If not, go after the contractor. The terms of my license require that I follow current building codes and have liability insurance, am covered up to $1 million, not unusual for residential contractors.