Bad Builder NH Keith Durgin 's Error Caused MOLD & Tearing Down

ovitApril 19, 2009

We had our custom dream house built. Lived in it 4 months, water stains, bldr tore out 2nd fl.flooring & insulation in winter & found entire 2nd fl wet & full of mold. 12 Month contractual warranty w/builder Keith Durgin, NH. He "ran", would not honor warranty, would not pay, fix, nothing.His insurance company, Travelers, denied claim, we think as to his negligence not covered. We had to hire mold remediators $9,000 & rebuild $18,000, lost of all personal property, everything! Lived in hotel for 3 days then moved back to 1st house for sale & stayed in vacant house on floor. Then moved back to old house for now. Have been working, cleaning & trying to save dream house for 3 years. We lost the fight & getting permit to tear down new dream house lived in 4 months. We tried everything for 3 years & lost. Keith Durgin admits errors his fault, he has no defense, but will not pay damages nor fix house during 12 month warranty period. We cant keep paying taxes, heat, elec. on 2 houses, one we cant live in. Developed hyperallergy to mold. Nightmare, so sad, cant believe. No help, this cant be happening, sounds impossible, but all is true & happened to us. Builder shouldnt be able to get away with ruining people. No where to turn, lost dream, money, health, everything we ever owned due to builders error and cowardness to fix his errors.

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marciagaye

I heard on the news that a lot of drywall that is being used is coming from China, I believe. And that it is filled with mold and making people ill.

    Bookmark   April 19, 2009 at 9:31AM
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mike_kaiser_gw

It certainly sounds like you have been through a horrible ordeal. What does you lawyer tell you? Certainly there must be some legal remedies...

    Bookmark   April 19, 2009 at 12:44PM
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mikie_gw

Certianly looks like she registered only to do her slander. Quick net search shows she's getting even on some other sites too.

I guess she doesnt have homeowners insurance.
Scary stuff either way.

    Bookmark   April 19, 2009 at 1:06PM
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restoreguy

marciagaye:

This is not a Chinese Drywall issue. That drywall was concentrated to Florida during their construction boom of 2004 and 2005. That drywall gives off sulfurous odors and is suspected in corroding electrical metals and ruining appliances. Mold will only be a problem on drywall if there is a moisture problem.

ovit:

This definitely sounds like a construction defect issue. Unless the house was closed in with all this moisture, and I seriously doubt it, I wager this is a roofing problem, or a flashing problem. I could even be a problem with the drainage plane behind the exterior cladding.

What kind of exterior cladding is on this house? Is it brick, vinyl siding, EIFS Stucco?? Were the windows and doors flasher properly? Who was the roofer? Was the roof and exterior cladding installed by a reputable company or was it a few guys in a pickup truck?

I question why you would need to tear down the entire home because of $27,000.00 in damages? Why did you lose all you personal property?? Soft furniture and mattresses would normally be disposed of depending on the severity of the mold but you wouldnt be throwing out hard furniture.

You should be consulting with a construction defect attorney if you havenÂt already. If the builder is broke or out of business as many builders are these days, a lawsuit may be a futile attempt anyway.

Your HO insurance policy definitely WONÂT pay for these damages. Depending on the cause of the problem there could be a policy out there that would cover this. This potential claim is 3 years old and thatÂs not good but donÂt take Travelers position of a denied claim as the final word. I have seen insurance companies change their position many times in the past.

Insurance companies frequently deny claims even though the claim should be covered. You just need to know what buttons to push.

    Bookmark   April 21, 2009 at 8:09AM
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jdp0906_gsinet_net

Maybe I'm missing something, but just how does a 2nd floor flooring and insulation get so moist in order that mold would happen anyway. Please a little more detail on just how this happened would be helpful.

Furthermore, what exactly did the builder do or did not do that caused the problem?

All your message is is a rant against the builder, nothing substantial regarding what caused the problem.

    Bookmark   May 12, 2009 at 9:59AM
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pjb999

Pretty soon lumber will be coming from China, whether it is from Canadian/US logs or elsewhere, imagine the energy wasted there!

Would have been better to stick with the Canadians, eh? ;-)

    Bookmark   May 19, 2009 at 12:32PM
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brickeyee

The Chinese drywall mess is up to 16 states.

The class action suit in Virginia for homes around the Virginia Beach areas was recently filed.

    Bookmark   May 21, 2009 at 3:14PM
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calgal59

mikie, Your logic is faulty and irrational. Just because she posted on other sites doesn't mean she slandered the builder. What evidence do you have that what she wrote about the situation is outright false, that what she perceived to have transpired between herself, husband and the builder is all fabricated and designed to destroy the reputation of the builder and that what she wrote has indeed damaged the reputation of the builder? Slander must be false statements and the person making the statements must knowingly make the false statement to cause harm, AND it must result in harm--otherwise it's not slander.

Also, what makes you think she doesn't/didn't have insurance? If her insurance company determined the responsibility for the mold is with the builder and should be covered under the builder's warranty, her homeowner's insurance will not pay for the damages. Instead, they will deny the claim and tell her she must pursue the claim under the builder's warranty. Moreover, if the builder admitted fault, then for sure her insurance company is not going to pay for his mistake.

    Bookmark   May 24, 2009 at 1:25AM
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scoot_003

Ovit:

Thats horrible what has happened to you, however, I have several questions to pose to you. What was the cause of the mold? Why would you want to tear down your dream home simply because of mold that can be repaired (and sounds like it already has been from your post)? Why would all your belongings, everything you ever owned, be lost due to mold (I could understand maybe trashing your mattresses and possibly couches - soft objects that hold moisture and cant be cleaned easily - but EVERYTHING????)? What courses of action have you taken over the last 3 years to resolve this situation? The brother of the builder states that you asked Keith Durgin to buy back your dream home as well as your 1st home, but I dont understand what your 1st home has to do with the builderdid he build that home too?

Im having trouble understanding this situation. You say a lot, however, you dont give much in the way of factual information (specifics) about the situation. You dont elaborate in the least bit as to how the problem occurred or what actions you have taken to resolve the issue. All you have done here is vent. If youre looking for help via this post, you must include more information for people to be able to understand the whole issue at and....other then your house has mold and you want to tear it down.

I really dont understand how you lost ALL of your belongings due to some mold on a brand new house. I mean, how bad was the mold to begin with? You claim that the builders error caused the mold, but you dont state what that error is. Please elaborate on how it was the builders error for everyone here to understand. If he admits its his fault (as you claim), why has nothing been done? You claim he has no defense, but what does he have to defend? What caused the mold???? And please explain why you would want to tear down your dream home???? Its mold, it can be fixed! I cant even comprehend why a person would want to tear down a dream home due to mold that was fixable, and by your rant, it sounds like it was fixed, so, whats the problem there still? I think back to those from hurricane Katrina and how those homes sat in several feet of water for many weeks, yet many homes were simply repaired (and many belongings spared)not torn down completely as you are claiming needs to be done!!! If the problem has been fixed, why tear it down?...sounds a bit fishy to me. You claim the builder will not pay. What actions have you taken to make him pay? His warranty and insurance company would not payagain, sounds fishy. Also, why would the builder be responsible for buying or paying for your 1st house???? What does he have to do with that house??? Now it just sounds like youre on a money grubbing expedition!

Without knowing more facts from you Ovit, its very hard to believe that your rants have any validity to them. You come off in your post as very dramatic and call the builder names, but seriously, WHAT WAS HIS ERROR??? You cant go around and claim negligence against someone like you have done here and drag them and their name/business through the mud without backing up your claims with legitimate info available!

    Bookmark   May 27, 2009 at 9:36AM
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glennsfc

I have no idea what exactly this is all about, but every builder and contractor has had to deal with troublesome clients from time to time; one of the risks of being in business. Remember that y'all who want to be in business serving the public.

    Bookmark   June 1, 2009 at 11:48PM
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texasredhead

Working as electrical subs for a GC, had the client complain that of the four recessed cans in a bathroom that one was off by 1/8". Spent two hours attempting to get him satisfied.

    Bookmark   June 2, 2009 at 8:10AM
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texasredhead

The local BBB, has received 0, zero, nadda, complaints against Keith Dugan. Another site shows a deleted report due to errors in the report.

    Bookmark   June 5, 2009 at 10:28AM
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texasredhead

I meant to say Keith Durgin.

    Bookmark   June 5, 2009 at 11:45AM
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