Sweep
05-18-2005, 10:00 AM
Rainsend,
I saw your request for help regarding window leaks and photographs of your house on the GardenWeb “Building a Home Forum”
http://ths.gardenweb.com/forums/load/build/msg0521551920800.html?41
Just as you cannot register in this forum, I cannot register in your's so I hope you eventually see this.
It appears from your photographs that your contractor may have flashed your windows improperly but the extent of the problem can’t be determined without exposing the perimeter of one of the windows and this requires the full cooperation of the contractor. The top most window in one of the photographs, showing building paper on top of Tyvek at its head, is enough to justify asking the contractor to open up the siding at all sides of one window.
Before I recommend a procedure for dealing with your contractor, do an investigation of your own (but don’t disturb the contractor’s work.) Look carefully under the exterior sill. The shingles should be tight against the bottom of the sill in a small notch provided for that purpose. If there is no notch, that could be the problem. If there is a gap, even if it is filled with sealant, that could be the problem (especially at the ends). This joint is easily tested with a garden hose. Use a strong light inside and a paper towel to find water. I suggest this test because the seal below the sill is the most likely cause of such a large leak in an all-wood window since its perimeter trim and tight construction make leaks elsewhere less likely, in a normal rainstorm, even regardless of how it is flashed at the head. I just wanted to take a stab at finding the big leak before moving on to the Great Flashing Debate.
The members at the Garden Web Forum have offered you a great deal of good information about window flashing techniques. If you find it confusing, it is possibly because much of that information does not apply to your windows since they have wide factory-installed flat 1x4 wood trim and an outward projecting and sloping wood sill instead of narrow 4-sided metal/PVC nailing fins (typical for clad windows) or narrow brick moulding (typical for brick openings). It is good for you to understand the principles of good window installation but unless your contractor is a real stand-up guy and you trust him completely, you are going to have to hire a professional “expert” to mediate this problem eventually. So, it’s OK to be confused about flashing technique, as long as you understand the basics, are persistent, and hire good help.
The most important thing to do is document the leaks. Photographs don’t show water well but light the back of the wall well (use a work lamp, not just a built-in flash) and look for any discoloration or swelling (if the sheathing is OSB it tends to swell when wet and stay that way, especially at the edges). Show a partially wet paper towel next to the wet location. You may have to conduct this test with a hose or in a rainstorm. Take notes and key them to the photo sequence later. Put recognizable reference objects in close-ups; even your car keys will help. (Remove the Porsche key fob) Use a film camera with a date feature and get prints with negatives as well as digital format on a CD. No editing. A video camera is good too if you have enough light but the resolution is usually low so don’t rely on it alone. Tell what you taping in a normal voice; just the facts. Capture anything that looks like poor workmanship, even if it seems unrelated to the windows.
Then write or email your contractor explaining in detail what you have observed regarding the leaks "as an aid in his effort to stop them." Make no accusations or suggestions of poor work. You are the leak witness. The fact that he is avoiding you is a good excuse to begin written communication. Ask him to visit the site and determine what must be done to stop the leaks. Request a written report of his findings and repair proposal. Don’t tell him what you think the problem is. Do tell him that you wish to resolve the problem before there is “permanent damage to the structure.” Be nice. Save all correspondence on paper. If he meets with you, take notes and send him an email with an accurate, fair summary of the discussion (“just wanted to summarize our discussion”) This is not unusual. My clients do it all the time (OK, I’m forgetful) In closing, you could ask him to please respond if he wants to add or correct anything in the summary. Remember, evidence doesn’t have to go to court to be helpful.
I believe you currently have not paid the contractor for the exterior work. If so, don’t pay him. I hope it is a large amount. If he complains, write telling him you feel it is “appropriate” to “withhold” funds until the leaks (or “deficiencies”) have been repaired (or “corrected”) and that you intend to compensate him fully for his work at that time which, you hope, comes soon. If you have a written contract use any words from it that seem to cover this situation without directly quoting it. No court (or jury of your peers) would expect you to pay for a leaking house so he knows he’ll never see the money if he doesn’t cooperate.
If the contractor refuses to respond promptly, and you have withheld sufficient funds to re-flash and re-shingle around all of the windows, you should terminate your agreement in writing explaining that you will compensate him after the deficient work has been corrected by “others” and the cost subtracted from the amount due. A lawyer’s advice would be wise at this point but don’t tell your contractor you are “represented” until your lawyer recommends that you do so. Fully document all subsequent work and deficiencies discovered.
If the contractor makes a good faith attempt to determine what is causing the leaks and makes a written proposal to fix them, you will need a professional “expert” to review the proposal and respond. Don’t do this yourself. You have already seen how fast such a discussion can become an endless debate of “proper” installation techniques and the contractor will be highly motivated to maintain his status as the “expert” in an attempt to retain control of the project and reduce his cost. He might actually not know what is wrong with his work. So, hire a real expert. He may have to testify in court someday so find one who is credible. They can be found near Boston or Amherst (U Mass). A structural engineer would be of little use unless parts of the framing have been seriously damaged but he might know engineers who investigate waterproofing failures. Architects love consultants so they might be helpful. Good window suppliers/installers might give you names. I can search The Journal of Light Construction’s past articles for names of Massachusetts contributors to waterproofing articles, since they tend to specialize in home construction. As a last resort, Google for one.
If your contractor refuses to discuss or follow your consultant’s written recommendations, ask in writing if he would agree to arbitration (check what your contract calls for). If he declines your offer, terminate the contract in writing with the advice of a lawyer and find someone to fix the leaks. Fully document all subsequent work.
Good luck
If I have left something out or there is a better way of proceeding, the members here will be quick to keep you on the right course. The frequent contributors here are, without exception, knowledgeable and professional. (well, at least they’re all courteous)
I saw your request for help regarding window leaks and photographs of your house on the GardenWeb “Building a Home Forum”
http://ths.gardenweb.com/forums/load/build/msg0521551920800.html?41
Just as you cannot register in this forum, I cannot register in your's so I hope you eventually see this.
It appears from your photographs that your contractor may have flashed your windows improperly but the extent of the problem can’t be determined without exposing the perimeter of one of the windows and this requires the full cooperation of the contractor. The top most window in one of the photographs, showing building paper on top of Tyvek at its head, is enough to justify asking the contractor to open up the siding at all sides of one window.
Before I recommend a procedure for dealing with your contractor, do an investigation of your own (but don’t disturb the contractor’s work.) Look carefully under the exterior sill. The shingles should be tight against the bottom of the sill in a small notch provided for that purpose. If there is no notch, that could be the problem. If there is a gap, even if it is filled with sealant, that could be the problem (especially at the ends). This joint is easily tested with a garden hose. Use a strong light inside and a paper towel to find water. I suggest this test because the seal below the sill is the most likely cause of such a large leak in an all-wood window since its perimeter trim and tight construction make leaks elsewhere less likely, in a normal rainstorm, even regardless of how it is flashed at the head. I just wanted to take a stab at finding the big leak before moving on to the Great Flashing Debate.
The members at the Garden Web Forum have offered you a great deal of good information about window flashing techniques. If you find it confusing, it is possibly because much of that information does not apply to your windows since they have wide factory-installed flat 1x4 wood trim and an outward projecting and sloping wood sill instead of narrow 4-sided metal/PVC nailing fins (typical for clad windows) or narrow brick moulding (typical for brick openings). It is good for you to understand the principles of good window installation but unless your contractor is a real stand-up guy and you trust him completely, you are going to have to hire a professional “expert” to mediate this problem eventually. So, it’s OK to be confused about flashing technique, as long as you understand the basics, are persistent, and hire good help.
The most important thing to do is document the leaks. Photographs don’t show water well but light the back of the wall well (use a work lamp, not just a built-in flash) and look for any discoloration or swelling (if the sheathing is OSB it tends to swell when wet and stay that way, especially at the edges). Show a partially wet paper towel next to the wet location. You may have to conduct this test with a hose or in a rainstorm. Take notes and key them to the photo sequence later. Put recognizable reference objects in close-ups; even your car keys will help. (Remove the Porsche key fob) Use a film camera with a date feature and get prints with negatives as well as digital format on a CD. No editing. A video camera is good too if you have enough light but the resolution is usually low so don’t rely on it alone. Tell what you taping in a normal voice; just the facts. Capture anything that looks like poor workmanship, even if it seems unrelated to the windows.
Then write or email your contractor explaining in detail what you have observed regarding the leaks "as an aid in his effort to stop them." Make no accusations or suggestions of poor work. You are the leak witness. The fact that he is avoiding you is a good excuse to begin written communication. Ask him to visit the site and determine what must be done to stop the leaks. Request a written report of his findings and repair proposal. Don’t tell him what you think the problem is. Do tell him that you wish to resolve the problem before there is “permanent damage to the structure.” Be nice. Save all correspondence on paper. If he meets with you, take notes and send him an email with an accurate, fair summary of the discussion (“just wanted to summarize our discussion”) This is not unusual. My clients do it all the time (OK, I’m forgetful) In closing, you could ask him to please respond if he wants to add or correct anything in the summary. Remember, evidence doesn’t have to go to court to be helpful.
I believe you currently have not paid the contractor for the exterior work. If so, don’t pay him. I hope it is a large amount. If he complains, write telling him you feel it is “appropriate” to “withhold” funds until the leaks (or “deficiencies”) have been repaired (or “corrected”) and that you intend to compensate him fully for his work at that time which, you hope, comes soon. If you have a written contract use any words from it that seem to cover this situation without directly quoting it. No court (or jury of your peers) would expect you to pay for a leaking house so he knows he’ll never see the money if he doesn’t cooperate.
If the contractor refuses to respond promptly, and you have withheld sufficient funds to re-flash and re-shingle around all of the windows, you should terminate your agreement in writing explaining that you will compensate him after the deficient work has been corrected by “others” and the cost subtracted from the amount due. A lawyer’s advice would be wise at this point but don’t tell your contractor you are “represented” until your lawyer recommends that you do so. Fully document all subsequent work and deficiencies discovered.
If the contractor makes a good faith attempt to determine what is causing the leaks and makes a written proposal to fix them, you will need a professional “expert” to review the proposal and respond. Don’t do this yourself. You have already seen how fast such a discussion can become an endless debate of “proper” installation techniques and the contractor will be highly motivated to maintain his status as the “expert” in an attempt to retain control of the project and reduce his cost. He might actually not know what is wrong with his work. So, hire a real expert. He may have to testify in court someday so find one who is credible. They can be found near Boston or Amherst (U Mass). A structural engineer would be of little use unless parts of the framing have been seriously damaged but he might know engineers who investigate waterproofing failures. Architects love consultants so they might be helpful. Good window suppliers/installers might give you names. I can search The Journal of Light Construction’s past articles for names of Massachusetts contributors to waterproofing articles, since they tend to specialize in home construction. As a last resort, Google for one.
If your contractor refuses to discuss or follow your consultant’s written recommendations, ask in writing if he would agree to arbitration (check what your contract calls for). If he declines your offer, terminate the contract in writing with the advice of a lawyer and find someone to fix the leaks. Fully document all subsequent work.
Good luck
If I have left something out or there is a better way of proceeding, the members here will be quick to keep you on the right course. The frequent contributors here are, without exception, knowledgeable and professional. (well, at least they’re all courteous)