# Builder Liable for Ice Dam damages?



## perpetual98 (Nov 2, 2007)

I don't know for sure, but I'm assuming that Ice Dams would fall under the "act of God" type thing because it's more weather related. Perhaps homeowners insurance would cover it?


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## jaw22 (Dec 23, 2007)

Ice dams are usually caused by inadequate insulation and/or improper roof ventilation.


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## NateHanson (Apr 15, 2007)

Homeowners Insurance should cover water damage from ice damming. 

I'd talk to a lawyer about the builder's liability though, because you don't only need to fix the water damage, you need to fix the condition that caused the ice dam in the first place. Certainly that is the builder's fault, but I have no idea whether his warranty covers it. 

Your roof either is improperly ventilated or insulated, or maybe doesn't have ice and water shield extending over the interior wall, or some other mistake. Don't fix the water damage, and miss the cause. Otherwise you'll be in the same situation next year.


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## heavyduty (Jan 10, 2008)

lake tahoe? lots of snow? did you remove the snow from the roof to help prevent the ice dams?


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## nacko (Jan 29, 2008)

you might want to have an independent building inspector do a home inspection to verify whether or not there is actually a problem (didn't you have an inspection done by an independant inspector when you bought the home ?). There should definitely be an ice shield protecting at least the bottom 3' of the roofline (in your area, possibly more). I have no knowledge about improper ventilation or insulation of roofs causing ice damming (?), but hey, what do I know. good luck with the insurance company etc.


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## yung (Feb 1, 2008)

It's our 2nd home. So we're not there very much.



.


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## LawnGuyLandSparky (Nov 18, 2007)

yung said:


> Is the builder liable for this? He said damages from ice dams are "technically" not cover under new construction warranty?
> 
> Is he correct?


 
Ever hear of as builder say "you're absolutely right, we messed up, we'll be there to inspect and repair the damage first thing Monday?"


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## AtlanticWBConst. (May 12, 2006)

We just did a multitude of repairs from ice dams at a complex. All work was covered, by the company that built it.

Because the structures were still under their *one year warranty*, from the builder (corporation).


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## AtlanticWBConst. (May 12, 2006)

yung said:


> ...He said damages from ice dams are "technically" not cover under new construction warranty?


Have your lawyer check that policy over...


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## the man (Mar 16, 2006)

*Ice shield ?*

check with your Building Dept, N.Y.S. Residential Code (Sect 905.2.7.1)
Ice protection.

Ice shield must be installed at least 24" from out side wall. a lot contractors install from edge of roof. GOOD LUCK


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## Chris Johnson (Oct 31, 2007)

Generally the builder is responsible for the initial problem, if the ice dams are a defect from the build he must fix them. Secondary damage is not, your homeowners ins. policy is for that.

It is a real fine line, most builders will fix the initial problem and it's building related damage (drywall, paint, etc.), damages to personal effects they won't touch.


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## AtlanticWBConst. (May 12, 2006)

the man said:


> Ice shield must be installed at least 24" from out side wall. a lot contractors install from edge of roof. GOOD LUCK


Maybe I am missunderstanding you? :huh: 

They are supposed to install from the edge of the roof.

Code requires the membrane to be installed 24" beyond the exterior wall. That means a 3'-0" roll of I & W shield, installed from the roof's edge, will generally always extend to the required 24" (beyond the wall).

Additonally, the "proper installation" of the membrane should be so that it "wraps" over the eave-edge of the plywood.


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## Ron6519 (Mar 28, 2007)

A new house shouldn't have ice damming if the builder knew what he was doing. Stupidity isn't an "Act of God". If this is a development, contact your neighbors, they might have the same problem. A class action suite will get this clowns attention.
Ron


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## the man (Mar 16, 2006)

*Alantic WB Const*

right I have seen it many times not go the 24"


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## the man (Mar 16, 2006)

*Alantic WB Const*

Yes but I've seen many times the shield not up 24"

N.Y.S. Code
*§RR905.2.7.1 Ice protection.* In areas where the average daily
temperature in January is 25ºF (-4ºC) or less or when Table RR301.2(1)
criteria so designates, an ice barrier that consists of a least
two layers of underlayment cemented together or of a self-adhering
polymer modified bitumen sheet, shall be used in lieu of normal
underlayment and extend from the eave's edge to a point at least 24
inches (610 mm) inside the exterior wall line of the building.


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## yung (Feb 1, 2008)

Can anybody tell me if this is the California code as well?



the man said:


> "
> 
> N.Y.S. Code
> *§RR905.2.7.1 Ice protection.* In areas where the average daily
> ...


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## Chris Johnson (Oct 31, 2007)

Contact the local building department for their acceptable standards, review SB800 (California State Bill 800) for your rights BEFORE you speak to a lawyer, gain a little knowledge and see if you have recourse.


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