Builder violated code...what now?
I wasn't sure where to put this, but since it's a disaster for us I think this category fits. My Mother bought a house that was built in 2005, but never lived in, in 2007 in Florida. We've just discovered that the tile in the shower was only set on gypsum with no water barrier, which certainly isn't up to code now and I don't believe it was up to code in 2005 either. My question is what are our options? Is there any way to get the builder to take care of this? Even though we weren't the first ones to purchase we were the first to live in it - does any of that matter? Where do we even begin? I looked through the home warranty that my Mother was given but it doesn't mention anything about a situation where they didn't build it to code so….???
All of this started when I decided to repair some of the cracked grout in the corners which I sought technique advice on another board. While removing the grout one of the tiles popped out and I discovered the problem which you can see here. Guys on that forum said that I could try and stick my loose tile back on with a construction adhesive but that the shower was essentially shot since it wasn't built properly in the first place - is that really true? Would there be a better way to patch up this problem temporarily until we gather the cash to properly fix this at some point down the line? I forgot to mention that we do not have the money for a new shower in any way, shape, or form. It was already a stretch to buy the caulk and grout to do a simple repair. We're trying to MacGyver this situation for the moment.
Lastly, should I try and do that fix before …. getting this ball rolling on having the builder take care of redoing this. Should I get it officially written down somewhere that yes, this isn't up to code before I do my patch job? Do you get what I'm asking here? I don't want to jeopardize any case I have with the builder by trying to patch this up a bit, but at the same time we need to take showers so….Any advice in this realm of things? Thanks in advance for any advice anyone can give!