Ask Steve Q&A: Missing Insulation in New Home

The firstAsk Steve” column has been published in the Bradford Times:

The Bradford Times will be introducing a new feature, once or twice a month – Ask Steve.

Ask Realtor Steve

Steven Silva is a Sales Rep with Royal LePage-Your Community Realty, but he is also a builder, who learned the trade from his father, and was recently involved in building a 28-unit condo project in The Beach, in Toronto. He has a degree in Civil Engineering from the University of Toronto, including experience in a concrete testing lab, and has worked for 3 years as a Home Inspector, with Carson Dunlop Consulting Engineers. “I was on a construction site my whole life,” Silva says – and it’s that wealth of experience that he will be bringing to his new column.

Ask Steve invites the public to send in questions about their home – ranging from maintenance issues, to questions about the Tarion Home Warranty. Questions can be emailed to AskStevenSilva@gmail.com

Q:  I have a home that is 6 years old.  I’ve been after the builder for years for him to add insulation to my roof space.  There is insulation around my attic hatch but not over the rest of the roof space.  The builder is telling me that my warranty is over but he never put it in and I have letters to prove that I’ve been after him for years.  I never contacted Tarion because I was trying to resolve it directly with the builder.  He kept putting it off and now he is saying it isn’t covered under the warranty.  What can I do?  Is the builder right?

A:  Dear owner, while your home may have come with a New Home Warranty, purchasers must follow a specific process for defect resolution otherwise they may lose their coverage.  Tarion Warranty Corporation is the enforcer of the Ontario New Home Warranty.  In this case, had you contacted Tarion during the first year of the warranty period, the builder would have had a specific amount of time to rectify the problem.  Under the Ontario Building Code, homes must have a minimum amount of insulation (the amount varies depending on location).  Tarion will enforce any building code violations discovered usually up to the one year point.  If the builder refuses and the repair is warrantable, Tarion would have done the repairs themselves and sent the bill to the builder.  When you buy a new home, the builder must provide you with a booklet outlining the procedure for complaint and defect resolution.  For maximum protection, those guidelines need to be followed. You can also see the performance guidelines on their website or at my blog StevenSilva.ca.

Missing insulation could go without notice by the builder and owners for years. The builder can argue that the insulation was there and that for whatever reason it has been removed.  This is one reason why a home inspection by a professional is recommended even in a new home.  Unfortunately, I don’t think the builder can be required to add the insulation now.  Since most heat loss is through the roof and windows, I do strongly recommend having insulation added by a professional.” (Bradford Times, Article ID# 2891824, 16-Dec-2010)

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