Exposed to the elements

Tim Adelmann's window nightmare began three years ago when a contractor repaired hail-damaged siding and apparently installed the window flashing improperly, allowing water to soak the walls and floors of his Rosemount home.

The problem was concealed for three years, until he tried to sell the house and a home inspection revealed serious water problems.

Adelmann thought it was a hoax until further tests proved otherwise. The house sale was canceled, the contractor blamed the subcontractor he hired to do the installation and Adelmann was referred to his insurance company.

Meanwhile, all the windows need replacement and the house has signs of rot that will cost $140,000 to $238,000 to repair, said Adelmann, who has hired a construction facilitator, engineer and architect to investigate the problem and has hired an attorney.

Adelmann's journey illustrates the frustrations that scores of Minnesota homeowners face when they discover that their biggest investment has windows that leak or were improperly installed.

While window makers insist that such problems are rare, lawyers and even local builder's groups say that homeowners get caught in the middle.

"You are entering a realm where everybody likes to point fingers at everyone else," said engineer Paul Ellringer, who runs Air Tamarack, a house forensic firm hired by Adelmann.

Ellringer said that he investigates about 100 window-related water intrusion complaints every year in Minnesota. That's not a significant number considering that every year more than 20,000 homes are built or renovated, he said, but a typical case can cost more than $200,000 to repair.

Hellmuth & Johnson attorney Rob Keena said that he's working on about 75 window-related water intrusion cases with damages of more than $100,000.

He blames such problems on poor installation, window construction defects and/or improperly installed flashing, which is supposed to divert water away from the window opening and the wall cavity where problems can lurk for years.

Ellringer said that excessive caulk in the wrong areas can direct water into a wall or even trap water in areas where it comes in contact with structural wood components and causes rot.

He also blames some window manufacturers for not offering clear instructions on how to properly install flashing.

Marvin Windows attorney Don Brown said that new windows are rarely the problem and that manufacturers help homeowners even when they are not at fault.

Still, he said, window makers get dragged into litigation by builders' insurance companies who want as many parties involved as possible so each pays less when there's a settlement.

Many blame state building codes for not clearly describing how windows should be installed, and Ellringer has testified before the Minnesota Legislature in favor of better building codes.

Keena also has appeared before legislative subcommittees and is trying to change another law that has made it more difficult for consumers to hold their builder accountable.

Though new home warranties are supposed to last 10 years, the law says that a house warranty can be nullified in just two years if the contractor dissolves its corporation.

A recent decision by the Minnesota Supreme Court upheld that law, which is being challenged by homeowner advocates who complain that these dissolved companies keep operating by changing their corporate name.

That means that a builder's liability for previously built homes ends within two years of dissolution, provided that the contractor publicly discloses the change and doesn't receive claims for two years.

What can you do to protect yourself? Gary Van Cleve, who chairs the real estate litigation department at the Larkin Hoffman law firm in Bloomington, said that problems need to be dealt with immediately after discovery.

"People hesitate too long before they do something," he said. "They think they will go away, and they don't. They often get worse."

Even a quick response is no guarantee of a swift resolution.

Six months after Ray Salazar hired a manufacturer-approved installation company to install new windows in his three-story Mound home, he noticed wet carpeting and floors below several windows.

His contractor blamed the problem on siding failure and recommended installing new stucco. Still, the windows on all three levels continued to leak.

Salazar hired an expert to conduct a $3,500 simulated rain test, which showed that water was getting into the house around the sides of the windows and running down the walls.

Various contractors denied responsibility, and Salazar sued the window maker for more than $50,000 in damages and fees paid to specialists, inspectors and engineers.

Salazar, who filed his lawsuit in Hennepin County District Court, refused to discuss details of his case but said, "I've been through hell."

The case is expected to settle soon, and terms of the settlement are confidential, attorney Rob Keena said.

"This was a hard-fought settlement," he said. "It took well over a year to allow him to have the home repaired."

Remi Stone, spokeswoman for the Builders Association of the Twin Cities, said that such cases are extremely rare and that homeowners aren't the only ones who suffer.

"It's a nightmare for the builder," she said. "You try to do customer service and you try and do what is right for the homeowner who has a legitimate interest in making sure that their home is fixed."

She said that builders and homeowners get caught in a web of attorneys and insurance companies who all have a vested interest in trying to minimize their liability by conducting their own lengthy investigations, leaving the homeowner stuck with a leaky house and no resolution.

"And all along while this debate is going on," Stone said, "you have a home that could be fixed to prevent future spoilage, yet time is wasting."

Dee DePass • 612-673-7725