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A video explaining how water intrusion can be a design flaw



Structures, either residential or commercial, are expected to be watertight. The only water that should enter a structure is that which serves the water needs of households for baths, sinks, toilets, washing machines, dishwashers and other appliances that use water.

See the full video at https://youtu.be/ AZZrS1FWKLc

Damage due to water intrusion can range from a simple cosmetic fix¾painting of walls or ceilings to total destruction of a structure. The types of damage caused by water intrusion that can lead to a design defect include:

  • stained walls, ceilings or floors;
  • destroyed wall coverings;
  • destroyed floor coverings;
  • skewed walls; [19659005] skewed wooden floor;
  • cracking, sedimentation or weakness in the foundation;
  • sedimentation of parts of the structure;
  • cracking of concrete slab processing (slabs, pavements, etc.);
  • wet or dry route of wooden parts;
  • mold infestation;
  • sick building syndrome;
  • bodily injury or disease to the inhabitants of a structure; or
  • destruction of contents or equipment in a structure.

In Nevada, a group of homeowners claimed that their home was built with defective framing that was responsible for extensive water damage from rain and snow. As a result, they sought recovery based on warranty and tort theories. In Minnesota, a case of design failure involving water intrusion that was discovered two years before the application was filed by the Minnesota Law of Limitations of the Court of Appeal, but reversed by the Supreme Court which found that the limitation period:

Begins to run when the homeowner discovers, or should have discovered, the builder's refusal or inability to ensure that the home is free from major design defects. We are also considering whether the definition of "major construction defects" in the statutory new home guarantee extends to actual damage to load-bearing parts of the home that occurs after the building is completed. We believe that it does, subject to the specifically listed exceptions and exceptions).


© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims handling, unfaithful insurance and insurance fraudsters almost equally for insurers and insurers . He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

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