Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Leaking Stanley Martin Homes In Woodbridge, Va (belmont Bay)

Dealing with a class action? Discuss it here

Leaking Stanley Martin Homes In Woodbridge, Va (belmont Bay)

Postby Bart » Fri Nov 18, 2016 6:52 pm

Leaking Condos(Belmon  

I am a Soldier in the Army and I will be deploying to Iraq in February. I bought a house in Woodbridge, VA(Belmont Bay). I am writing to ask for your help with water intrusion problems in my home and dozens of other homes in my community.   My home was built by the Stanley Martin Company. I bought the home in 2006, and discovered rainwater leaking into the house causing thousands of dollars in water damage, mold, and mildew. In fact, my entire community has been enduring this problem with over 40 other residents and homes leaking since 2004. The problem is with the Belmont Bay developers and shoddy construction/Home-builder companies(to include CENTEX Corp and Miller & Smith) allowed to build and repair our homes. Stanley Martin did finally make some band-aid repairs to my home last August 2007, but the rainwater still floods into my home. The water is leaking in thru the exterior brick façade and is due to faulty workmanship, missing flashing above windows, low-quality building materials, and no inspections from the county during construction or repairs. My home was built in 2001, but Stanley Martin is refusing to take the appropriate action to fix my home. Two more(Miller & Smith) condo buildings in my community have also begun leaking, and the “repairs” have been ongoing for months now… The developers, HOA and contractors are just not fixing the problems. Please, I(we) are begging for your help and assistance with this matter tearing down our homes and community. These contractors/builders should not be allowed to build any more homes or buildings in Virginia(or anywhere else in the United States) until this issue is resolved. I have attached pictures of the homes with tarps in my community(both past and present) so you can see for yourself. Marvin

Marvin Iavecchia

13777 Ulysses Street

Woodbridge, VA 22191

703-232-2032 ANSWER: Hi Marvin-

Thanks for your question. I truly wish there was something I could tell you that would definitely help but all I can really do is make some suggestions, more as a consumer than a real estate professional. As you know, the builder is only required to warrant the home for 2 years. Did you have a home inspection when you bought it? Did the previous owners disclose that the basement leaked(they surely should have known)? Did the HOA disclose ongoing issues in its disclosure package? I believe what I would do is first try to organize the people in your community who have these issues and see about retaining a good attorney to perhaps start a class action suit. There is strength in numbers. One of my agents is going through some problems with her builder and has hired someone she thinks very highly of. I can get his name if you are interested. I also believe that I would get the press involved, starting with the FreeLance Star and possibly the TV stations, again with your group of affected homeowners. That kind of pressure can help move mountains. The problem is it also may affect the resale value of your property. You might also check and file a complaint with DPOR in Richmond, the state board that regulates builders and contractors as well as the Better Business Bureau, possibly even the local Builders' Association. Does the Army have any type of Consumer Advocacy that can help put pressure on them? You should also involve the county and get copies of your building inspections- let them know what you are contemplating and see what they have to say. You will probably need to have an inspection(s) by a structural engineer to determine exactly what the builders did wrong, if anything. These are just some thoughts. Hope this helps and best of luck, Toni

---------- FOLLOW-UP ----------

I recieved a professional assessment from an architect and it appears my home and many of the other Stanley Martin homes are in violation of the Virginia State Building codes and the International Residential Codes.  See his findings and recommendations attached.  Pasted below as well.  http://groups.google.com/group/leaking-stanley-martin-homes?hl=en

JOHN HUGH McLEOD IIIARCHITECT LLC

2712 Bowling Green Drive, Vienna, VA 22180 703-280-1090/703-819-6663(c) john@mcleod-arch.com

September 27, 2008

Dear Marvin,

I visited the property at the above address on September 18, 2008 regarding the water intrusion. I

gathered information from the Owner(you) and representatives of the original construction

contractor, Stanley Martin, and made visual observations. The following is a summery of my

observations, analysis and recommendations. No invasive tests were performed, and no

guarantee is made as to the correctness of the analysis, or the effectiveness of the

recommendations.

1. Observations

a. Construction Of Wall

The house wall construction is wood frame with single wythe brick veneer. The east

wall(left side as one faces the front) is the source of the leaks, and is two stories plus the

gable in height. The roof overhangs the wall by about 1 foot. Slight gaps between the

wood trim and brick were observed at the comers.

The roof of the projecting bay window has metal step flashing, and as part of previous

attempts to correct the water intrusion, bricks have been removed and additional counter

flashing installed. Weep holes are located below the windows, but no weep holes were

observed above them, and the joint between the steel angle lintels and the bricks are

caulked with sealant.

According to the Owner, a section of sheathing was removed from inside the attic

allowing observation of the back of the brick veneer. The cavity was of minimal

dimension and encumbered with mortar. The workmanship of the masonry on this

concealed side was poor.

b. Evidence Of Water Intrusion

Damage to the interior finishes of gypsum wallboard and paint were observed at the

heads and jambs of the first floor windows. According to the Owner, water intrusion was

greatest during the driving rains of tropical storm Hannah. During this event, large

amounts of water came through wall around the kitchen window, and the water inside the

wall in the living room was sufficient to telegraph the pattern of the wood framing

through the wallboard.

lof3

JOHN HUGH McLEOD IIIARCHITECT LLC

2712 Bowling Green Drive, Vienna, VA 22180 703-280-10901703-819-6663{c) john@mcleod-arch.com

Significantly, no water intrusion has been reported or observed at the second floor

windows. The water may be getting through the veneer below the level of the second

floor window heads.

2. Analysis

Masonry walls are almost never water tight, and accepted practice assumes there will be

some water intrusion. This problem is solved by having a cavity between the outer wythe of

masonry and the backup wall, whether framed or masonry, with a water barrier on the outer

face of the backup wall. The outer masonry wythe acts as a rain screen, and any water that

gets through it is intercepted by the water barrier in the cavity and directed back out by

flashing through weep holes at the bottom of the cavity. The cavity breaks the capillary

action and provides an unobstructed path to the weep holes. For this reason, it is important

for the cavity to have a minimum dimension and be kept clear of obstructions during

construction.

These elements of design are explicitly required by the Virginia Uniform Statewide Building

Code(VUSBC) which incorporates by reference the International Residential Code(IRC).

The following are taken from the 2006 IRC, earlier codes had similar or identical language.

See also the attached Figure R703.7, Masonry Veneer Wall Details.

R703.7.4.2 Air space. The veneer shall be separated from the sheathing by an air space of a

minimum of a nominal 1 inch(25 mm) but not more than 41/2 inches(114 mm).

R703.7.5 Flashing. Flashing shall be located beneath the first course of masonry above

finished ground level above the foundation wall or slab and at other points of support,

including structural floors, shelf angles and lintels when masonry veneers are designed in

accordance with Section R703.7. See Section R703.8 for additional requirements.

R703.7.6 Weepholes. Weepholes shall be provided in the outside wythe of masonry walls at

a maximum spacing of33 inches(838 mm) on center. Weepholes shall not be less than 3/16

inch(5 mm) in diameter. Weepholes shall be located immediately above the flashing.

The wall, as constructed, appears to be in violation of at least two of these code

requirements. The presence of flashing over the lintels could not be determined. The lack of

weep holes above the window lintels prevents water in the cavity from escaping to the

outside, resulting in it following the only alternate path, into the interior of the house, with

the attendant damage. The caulking of the joint between the lintels and the brick may

actually make the situation worse by preventing the water from seeping out there.

3. Recommendations

It is impossible to know from the visual observation how drastic or invasive a solution will

be required to solve the problem. The following are offered as increasingly sure but costly

repalfs.

200

JOHN HUGH McLEOD IIIARCHITECT LLC

2712 Bowling GreenOrfve, Vienna, VA 22180 703-280-1090f703-819-6663(c) john@mcleod-arch.com

a. Install weep holes above the first floor window heads. Remove caulking at joint

between lintels and brick, and drill weep holes in mortar joints. The problem

with this is that it will be very difficult to remove the mortar without damaging

the flashing that is presumed to be over the lintel, and it does not address possible

blockages to the cavity.

b. Remove and reinstall brick in a triangular area above the first floor window

heads. With the brick removed, inspect and repair the flashing and clear any

obstructions in the cavity. Reinstall the brick with weep holes.

c. Remove and reinstall the brick veneer from the entire wall, at least down to the

level of the first floor window sills. With the brick veneer removed, inspect the

water barrier, sheathing and flashing. Replace any sheathing or framing damaged

by water. Repair and tape all joints in the water barrier. Insw.llflashing over all

lintels, extending it beyond the ends of the lintels. Reinstall the brick veneer with

a I" minimum cavity, using appropriate methods to keep the cavity clear of

mortar droppings and debris. Install weep holes over all lintels.

Please do not hesitate to call or email if you have any questions or need further assistance.

Thank you for giving me this opportunity to work with you.

Sincerely,

John Hugh McLeod ill, Architect, LLC

John McLeod, Member

Attachments: Figure R703.7, Masonry Veneer Wall Details

Invoice

30f3

MIN. CLEARANCE OF

3/4-IN.(19 mm)

WALLBOARD

WATER.RESISTIVE BARRIER OR .

APPROVED WATER.REPELLANTb

SHEATHING

MASONRYVENEER

1 IN. AIR SPACE OR

1 IN. MOR11\REDSPACEc

WATER.RESISTIVEBARRIEROR

APPROVEDWATER-REPELLANT

SHEATHING WALLBOARD

METAL TIEb INSULATIONBETWEEN STUDS

STEEL UNTELd

SEALANT

MASONRYVENEER

For SI: 1 inch =25.4 mm.

a. See Sections R703.7.S. R703.7.6 and R703.8.

b. See Sections R7032 and R703.7.4.

c. See Sections R703.7.4.2 and R703.7.4.3.

d. See Section R703.7.3.

FIGURE R703.7-continued

MASONRYVENEER WALLDETAILS

2006 INTERNATIONAL RESIDENTIAL CODe8

WALLCOVERING
Bart
 
Posts: 41
Joined: Mon Jan 20, 2014 2:40 am

Leaking Stanley Martin Homes In Woodbridge, Va (belmont Bay)

Postby Breandan » Fri Nov 18, 2016 9:22 pm

Leaking Condos(Belmon  

I am a Soldier in the Army and I will be deploying to Iraq in February. I bought a house in Woodbridge, VA(Belmont Bay). I am writing to ask for your help with water intrusion problems in my home and dozens of other homes in my community.   My home was built by the Stanley Martin Company. I bought the home in 2006, and discovered rainwater leaking into the house causing thousands of dollars in water damage, mold, and mildew. In fact, my entire community has been enduring this problem with over 40 other residents and homes leaking since 2004. The problem is with the Belmont Bay developers and shoddy construction/Home-builder companies(to include CENTEX Corp and Miller & Smith) allowed to build and repair our homes. Stanley Martin did finally make some band-aid repairs to my home last August 2007, but the rainwater still floods into my home. The water is leaking in thru the exterior brick façade and is due to faulty workmanship, missing flashing above windows, low-quality building materials, and no inspections from the county during construction or repairs. My home was built in 2001, but Stanley Martin is refusing to take the appropriate action to fix my home. Two more(Miller & Smith) condo buildings in my community have also begun leaking, and the “repairs” have been ongoing for months now… The developers, HOA and contractors are just not fixing the problems. Please, I(we) are begging for your help and assistance with this matter tearing down our homes and community. These contractors/builders should not be allowed to build any more homes or buildings in Virginia(or anywhere else in the United States) until this issue is resolved. I have attached pictures of the homes with tarps in my community(both past and present) so you can see for yourself. Marvin

Marvin Iavecchia

13777 Ulysses Street

Woodbridge, VA 22191

703-232-2032 ANSWER: Hi Marvin-

Thanks for your question. I truly wish there was something I could tell you that would definitely help but all I can really do is make some suggestions, more as a consumer than a real estate professional. As you know, the builder is only required to warrant the home for 2 years. Did you have a home inspection when you bought it? Did the previous owners disclose that the basement leaked(they surely should have known)? Did the HOA disclose ongoing issues in its disclosure package? I believe what I would do is first try to organize the people in your community who have these issues and see about retaining a good attorney to perhaps start a class action suit. There is strength in numbers. One of my agents is going through some problems with her builder and has hired someone she thinks very highly of. I can get his name if you are interested. I also believe that I would get the press involved, starting with the FreeLance Star and possibly the TV stations, again with your group of affected homeowners. That kind of pressure can help move mountains. The problem is it also may affect the resale value of your property. You might also check and file a complaint with DPOR in Richmond, the state board that regulates builders and contractors as well as the Better Business Bureau, possibly even the local Builders' Association. Does the Army have any type of Consumer Advocacy that can help put pressure on them? You should also involve the county and get copies of your building inspections- let them know what you are contemplating and see what they have to say. You will probably need to have an inspection(s) by a structural engineer to determine exactly what the builders did wrong, if anything. These are just some thoughts. Hope this helps and best of luck, Toni

---------- FOLLOW-UP ----------

I recieved a professional assessment from an architect and it appears my home and many of the other Stanley Martin homes are in violation of the Virginia State Building codes and the International Residential Codes.  See his findings and recommendations attached.  Pasted below as well.  http://groups.google.com/group/leaking-stanley-martin-homes?hl=en

JOHN HUGH McLEOD IIIARCHITECT LLC

2712 Bowling Green Drive, Vienna, VA 22180 703-280-1090/703-819-6663(c) john@mcleod-arch.com

September 27, 2008

Dear Marvin,

I visited the property at the above address on September 18, 2008 regarding the water intrusion. I

gathered information from the Owner(you) and representatives of the original construction

contractor, Stanley Martin, and made visual observations. The following is a summery of my

observations, analysis and recommendations. No invasive tests were performed, and no

guarantee is made as to the correctness of the analysis, or the effectiveness of the

recommendations.

1. Observations

a. Construction Of Wall

The house wall construction is wood frame with single wythe brick veneer. The east

wall(left side as one faces the front) is the source of the leaks, and is two stories plus the

gable in height. The roof overhangs the wall by about 1 foot. Slight gaps between the

wood trim and brick were observed at the comers.

The roof of the projecting bay window has metal step flashing, and as part of previous

attempts to correct the water intrusion, bricks have been removed and additional counter

flashing installed. Weep holes are located below the windows, but no weep holes were

observed above them, and the joint between the steel angle lintels and the bricks are

caulked with sealant.

According to the Owner, a section of sheathing was removed from inside the attic

allowing observation of the back of the brick veneer. The cavity was of minimal

dimension and encumbered with mortar. The workmanship of the masonry on this

concealed side was poor.

b. Evidence Of Water Intrusion

Damage to the interior finishes of gypsum wallboard and paint were observed at the

heads and jambs of the first floor windows. According to the Owner, water intrusion was

greatest during the driving rains of tropical storm Hannah. During this event, large

amounts of water came through wall around the kitchen window, and the water inside the

wall in the living room was sufficient to telegraph the pattern of the wood framing

through the wallboard.

lof3

JOHN HUGH McLEOD IIIARCHITECT LLC

2712 Bowling Green Drive, Vienna, VA 22180 703-280-10901703-819-6663{c) john@mcleod-arch.com

Significantly, no water intrusion has been reported or observed at the second floor

windows. The water may be getting through the veneer below the level of the second

floor window heads.

2. Analysis

Masonry walls are almost never water tight, and accepted practice assumes there will be

some water intrusion. This problem is solved by having a cavity between the outer wythe of

masonry and the backup wall, whether framed or masonry, with a water barrier on the outer

face of the backup wall. The outer masonry wythe acts as a rain screen, and any water that

gets through it is intercepted by the water barrier in the cavity and directed back out by

flashing through weep holes at the bottom of the cavity. The cavity breaks the capillary

action and provides an unobstructed path to the weep holes. For this reason, it is important

for the cavity to have a minimum dimension and be kept clear of obstructions during

construction.

These elements of design are explicitly required by the Virginia Uniform Statewide Building

Code(VUSBC) which incorporates by reference the International Residential Code(IRC).

The following are taken from the 2006 IRC, earlier codes had similar or identical language.

See also the attached Figure R703.7, Masonry Veneer Wall Details.

R703.7.4.2 Air space. The veneer shall be separated from the sheathing by an air space of a

minimum of a nominal 1 inch(25 mm) but not more than 41/2 inches(114 mm).

R703.7.5 Flashing. Flashing shall be located beneath the first course of masonry above

finished ground level above the foundation wall or slab and at other points of support,

including structural floors, shelf angles and lintels when masonry veneers are designed in

accordance with Section R703.7. See Section R703.8 for additional requirements.

R703.7.6 Weepholes. Weepholes shall be provided in the outside wythe of masonry walls at

a maximum spacing of33 inches(838 mm) on center. Weepholes shall not be less than 3/16

inch(5 mm) in diameter. Weepholes shall be located immediately above the flashing.

The wall, as constructed, appears to be in violation of at least two of these code

requirements. The presence of flashing over the lintels could not be determined. The lack of

weep holes above the window lintels prevents water in the cavity from escaping to the

outside, resulting in it following the only alternate path, into the interior of the house, with

the attendant damage. The caulking of the joint between the lintels and the brick may

actually make the situation worse by preventing the water from seeping out there.

3. Recommendations

It is impossible to know from the visual observation how drastic or invasive a solution will

be required to solve the problem. The following are offered as increasingly sure but costly

repalfs.

200

JOHN HUGH McLEOD IIIARCHITECT LLC

2712 Bowling GreenOrfve, Vienna, VA 22180 703-280-1090f703-819-6663(c) john@mcleod-arch.com

a. Install weep holes above the first floor window heads. Remove caulking at joint

between lintels and brick, and drill weep holes in mortar joints. The problem

with this is that it will be very difficult to remove the mortar without damaging

the flashing that is presumed to be over the lintel, and it does not address possible

blockages to the cavity.

b. Remove and reinstall brick in a triangular area above the first floor window

heads. With the brick removed, inspect and repair the flashing and clear any

obstructions in the cavity. Reinstall the brick with weep holes.

c. Remove and reinstall the brick veneer from the entire wall, at least down to the

level of the first floor window sills. With the brick veneer removed, inspect the

water barrier, sheathing and flashing. Replace any sheathing or framing damaged

by water. Repair and tape all joints in the water barrier. Insw.llflashing over all

lintels, extending it beyond the ends of the lintels. Reinstall the brick veneer with

a I" minimum cavity, using appropriate methods to keep the cavity clear of

mortar droppings and debris. Install weep holes over all lintels.

Please do not hesitate to call or email if you have any questions or need further assistance.

Thank you for giving me this opportunity to work with you.

Sincerely,

John Hugh McLeod ill, Architect, LLC

John McLeod, Member

Attachments: Figure R703.7, Masonry Veneer Wall Details

Invoice

30f3

MIN. CLEARANCE OF

3/4-IN.(19 mm)

WALLBOARD

WATER.RESISTIVE BARRIER OR .

APPROVED WATER.REPELLANTb

SHEATHING

MASONRYVENEER

1 IN. AIR SPACE OR

1 IN. MOR11\REDSPACEc

WATER.RESISTIVEBARRIEROR

APPROVEDWATER-REPELLANT

SHEATHING WALLBOARD

METAL TIEb INSULATIONBETWEEN STUDS

STEEL UNTELd

SEALANT

MASONRYVENEER

For SI: 1 inch =25.4 mm.

a. See Sections R703.7.S. R703.7.6 and R703.8.

b. See Sections R7032 and R703.7.4.

c. See Sections R703.7.4.2 and R703.7.4.3.

d. See Section R703.7.3.

FIGURE R703.7-continued

MASONRYVENEER WALLDETAILS

2006 INTERNATIONAL RESIDENTIAL CODe8

WALLCOVERING
Breandan
 
Posts: 52
Joined: Thu Feb 20, 2014 3:46 am

Leaking Stanley Martin Homes In Woodbridge, Va (belmont Bay)

Postby Barnhard » Wed Nov 30, 2016 5:55 pm

Hi Martin-

Thanks for your nice comments and rating. I applaud you in being a man of action, particularly in light of your going overseas shortly. God bless you and best of luck in ALL your endeavors. I am "responding" to this question in order for your findings to be published to this website. I would be interested in seeing a response from the builder.

Thanks again and good luck, Toni
Barnhard
 
Posts: 44
Joined: Sun Feb 09, 2014 11:02 pm


Return to Class Action

 


  • Related topics
    Replies
    Views
    Last post