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Phil Chen
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Contractor build a leaking patio - how would you proceed 2.5 years later

Phil Chen
Posted

Hello friends.

An outdoor living contractor screened in a patio a few years ago and added a small section of roof to the existing patio roof. This addition has been leaking since it was built just under 3 years ago. They have been tinkering since. Show up, disappear for a few months, show up again, disappear, etc. What would you do now?  Call a lawyer?  I still owe about $7000.  Put it in escrow?  We're going into the dry season now and I fear there won't be enough rain to test their latest "cover everything in mastic" method which helped quite a lot.  A hose test isn't enough water at this point.  Thanks all.

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Jim Johnson#1 Managing Your Property Contributor
  • Real Estate Agent
  • Memphis
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Jim Johnson#1 Managing Your Property Contributor
  • Real Estate Agent
  • Memphis
Replied

Nearly three years is a long time for an issue like this to remain unresolved.

If I were in your position, I'd stop focusing on another temporary fix and start documenting everything:

• Timeline of the project
• Photos and videos of the leaks
• All emails, texts, and invoices
• Dates they attempted repairs
• Any additional damage caused by the ongoing leak

Before making any decisions about the remaining balance, I'd also consider getting an independent opinion from another qualified contractor. That can help determine whether the problem is poor workmanship, a design issue, or something else entirely.

At this point, I'd also want to understand what the contract and warranty actually say. If they're still making repair attempts after almost three years without resolving the issue, it may be time to have an attorney review your options before releasing the remaining payment.

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