Gary Byker Builders

Our house was occupied by the builder in late 2010. We closed the purchase May
31, 2011, and the purchase contract included a one year warranty.

We found a small swollen area in an MDF baseboard on the East side of the main
level in mid-December 2012 as we were putting up our Christmas tree. We
contacted the builder for advice during the holidays. The builder suggested it
might be water damage. We asked the builder?s siding contractor to inspect for a
possible problem in early March 2013, i.e., as soon as weather permitted. The
contractor inspected briefly but indicated he could do nothing until warmer and
dryer weather came, so that siding could be removed and reinstalled if necessary.

On April 11, 2013, a driving rain from the East caused the interior damage to
spread considerably. Much of the trim and baseboard in the area of the main floor
windows swelled, and we observed water on the drywall. Additionally, water
seeped out of an electrical box on the lower level below the bank of windows.
Baseboards and trim in that area swelled, and water puddled on tile near the lower
level patio door.

Because of the severity of the problem, we filed a homeowners insurance claim.
Water damage remediation was done April 19, 2013, when wet and moldy interior
trim, drywall and insulation were removed. Once removed, it was apparent that the exterior sheathing and a window header had been compromised by moisture
and mold due to repeated water infiltration.

Late afternoon on the same day (April 19th) more hard rain came from the East.
With interior materials now removed, the incursion of water could no longer be
contained: there were streams of water entering below the corners of the topmost
window in the main floor bank. A roofer was called in during the storm, and tried
to caulk a gap in the siding and two areas of defective window flashing he saw.
He stopped part of the flow. We purchased a kiddie pool to catch most of the rest,
rigging up flashing on the interior of a window header to guide water into the
pool.

We informed the builder of the extent of the damage via email, and asked if he would
share in the cost of repairs. He denied responsibility for the defects based on a wear-and tear argument.

We contacted the Home Builder?s Association of Grand Rapids who sided with the builder since it was bought through his building business but through him. The BBB did the same thing.


We understand that the one year warranty cited in the purchase contract was over when
we first noticed symptoms of the problem. Even so, we think it is reasonable for a new
home purchaser to expect proper construction: that siding is installed with joints that
overlap, and that window flashing sheds water to the exterior of the building rather than
the interior.
We would have gladly worked with the builder to resolve the problem, knowing that
everyone makes mistakes. But since he dismissed our problem as wear-and-tear rather
than taking responsibility, we saw his lack of integrity. (The builder?s email response of
April 23rd is telling.)