crack in tub..help

[Bill Reece]

I have a 3 yr old home and it appears when the "plumbers" installed my tub they used a prybar in the drain to position it and cracked it. They then hired a professional to repair it. Well, it started leaking from the upstairs to my bathroom downstairs. I couldn't find it so I replaced the qauter round and re caulked it. The put in a shower door. I'm thinking the whole time that my teenagers are just being sloppy and it's leaking around the tub because I couldn't see it in the tub. And when I disassembled the faucet/shower I couldn't find a leak. I kept looking and decided to re putty the drain. It still leaked. That's when I finally noticed the hairline border around the repaired crack! arrgghh. Of course I contacted the builder and they had a good laugh I'm sure.

anyway, the crack appears to be about 2" long on the floor of the tub and about 1/2" wide in the center. I have to assume it goes down the drain as well because the leakage slowed considerably when I reputtied it.

For now I just want to stop the leak with some adhesive. The tub is you basic molded plastic/fiberglass(?) shower/tub combo. I imagine in the future I will have to rip it out and put in a completely different type of tub, unless I decide to take the dorr out to fit a molded one back in.

Any and all suggestions are appreciated and welcome.

thanks, Bill

[Bill Reece]

I should mention that the 1/2" wide is because the repair material is still intact but it is leaking around it. I am hoping to put like some superglue to rebind the two. But want to hear from the experience in this group 1st.

[DK]

I've had good luck using gas tank repair putty on all my leaks.

Any patch that will work on a gas tank that is full of gasoline has to be the best.

Some people have not learned to use however. You cut off a chunk and roll it in your hand until it get hot and then slap it on the crack while it is still heating.

And you need to support the bottom of the tub so there is no flex when standing on the drain area. Use the gas tank putty to finish off to make a solid support.

[# Fred #]

On one of the Real Estate Guy radio shows mention a new consumer friendly law passed which protects you from workmanship and defects for a very long time, if not forever. If this applies to your builder, I don't think they be laughing very loud. The damage to downstairs could amount to a substantial sum, even though you don't see the damage other than water stains. If leaks continue I would open up the ceiling and let it breath and air dry. Also you should get this fixed ASAP before any mold sets in.

Either case would be expensive, see where your builder stand first. Fiberglass should be easy to repair.

[David Martel]

Bill,

You need to find a lawyer and buy an hours worth of advice. It's hard to say but I suspect that this is the plumber's problem, not yours. Since this was a "hidden"problem the statute of limitations likely does not apply yet. So talk to a lawyer, the plumber, the builder (?), and the various insurers. You should get a new tub and extensive repair of the leak damage if there is any justice where you live.

Dave M.

[Joe]

Considering the high prices on these combos, and labor involved, it might be prudent to hire a specialist for permanent repair. Check your Yellow pages, get references, of course, and quotes and weigh that against the likely $2K a replacement would cost. If your area lists no qualified people, you could still have a good repair done by any boat shop hull repair specialist. As a last resort, you could do some serious research and buy polyester or epoxy repair materials and give it a go. It isn't all that hard to grind away the hurt and bond the good pieces back in shape. While the latter might not look great, it would be durable and low cost. Good luck.

Joe

[Bill Reece]

well, thanks so far.

I can't get to the underside of the tub without ripping out the ceiling of my downstairs bathroom. So, I guess the gas tank putty is out.

I have asked my builder they sent the go-between company out to investigate and then said no dice.

I hate lawyers and they make my skin crawl but maybe I need one here. But should I put my 2k in fixing the tub or put 2k into a lawyer and make them fix the tub. How do you know the lawyer isn't bought off behind the deal anyway. Is there a way to get a honest lawyer?

After rereading David's advice I may go to my home owner insurance company and have them advise me. Surely, they have a lawyer in their pocket.

Thanks again, Bill

[Malcolm Hoar]

Before you hire a lawyer, you can play one yourself. Send the builder a written letter that sets out the problem and demands a solution. You can make it clear that if the problem is not solved within a reasonable time, you will be forced to take additional steps including but not limited to contacting the BBB, State Licensing Board etc etc.

And even if you do hire a lawyer later on, a copy of this letter is the *first* thing he/she will want from you, so you might as well get it done. Today ;-)

[krw]

I don't know where you live but most states (all but Kentucky[*]) have a small claims limit above $2K. You don't need a lawyer for small claims court. There are guides available for free or cheap that tell how to go about it in each states.

[*]

[HeyBub]

Sending the letter, certified, is appropriate. Do not issue specific threats.

Something like:

"We demand that you contact us within ten days of receipt of this letter to schedule the appropriate remedial action."

is sufficient.

[Banty]

I had one of those combos when I moved in to my house. It actually split along the bottom (and I'm normal weight). Duct tape did the trick until I remodded the bathroom (though that probably wouldn't work here).

IMO the real answer to this is to upgrade the bathroom to a cast iron tub and tile surround. It's a substandard setup to begin with.

But of course one may not have the wherewithall currently to do that. I'd see first if I could pursue this in small claims court and/or what you've suggested.

Banty

[David Martel]

Bill,

While it may not hurt to speak with your insurer that's not what I meant. You need to speak with the plumber's and the builder's insurers. And follow up with a letter to the person you speak with. But first buy an hour or two of a lawyer's time and get advice about your local laws and your chances for a successful suit or settlement and a good strategy. Obviously it will be cheaper to settle than to sue. Since you do not know what damage these leaks have done you can't yet presume that this is a small claims case.

[Bill Reece]

yep, you guessed it. I live in Kentucky.

But I wrote a letter and e-mailed it to them. But I will make a hard copy and send it certified.

Thanks

[scott21230]

I would also replace the crappy fiberglass tub with a cast iron tub.

[krw]

Well... Even in KY you have a $1500 small claims limit. It might be cheaper to forget the $500, if it has to go that far.

OT: We're considering a move to KY later this year.

..w/return receipt.

[trader4]

First thing I'd do is check any new home warranty that you have. Here in NJ, these are routine and cover a variety of faults for varying periods, depending on whether it's structural or just a leak. You may find that at 3 years, it's covered.

Then, if the builder refuses to have it fixed, I wouldn;'t waste money a lawyer. Get it fixed and then sue the builder in small claims. Even with a lawyer, they could still tell you to get lost, because they know the lawyer threatening to sue is just an idle threat, because these cases in regular court are prohibitively expensive. With $1500 limit in small claims, I would think that should about cover it.

If the tub was damaged with a 2 inch X 1/2" crack, I would have insisted on a new tub and not have accepted a repair, at least not without a big fight prior to closing.

[Gerry Atrick]

J B Weld will fix anything.

[Bill Reece]

it was undisclosed, I had no clue.

[Bill Reece]

OK!, thanks for all the advice:

A rep from the builders is coming out Friday with either "the plumber" or "a plumber". I'm not sure which, but I hope it's "a plumber" because I do not intend to debate it with "the plumber". If that is the case and he is contentious with me, then I'll not engage. Instead I'll let him blather.

No, I haven't talked to a lawyer, yet. And hope I never have to if I play my cards right.

thanks again, I'll keep ya'll posted.

[Bill Reece]

I just had my builder, thier plumber, and a tub repair guy here looking at my upstairs tub. They had thier repair guy look at it and he determined it not to be a repair but a factory defect. So, they want to know if I want it patched or replaced. A lot to consider here because of the framed in tub would be a big job and a lot of inconvience whereas a patch would be quick and they say very reliable. I'm going to research it some. But I am just glad they are going to do something about it. And they all seemed very honest and forthright about it. I think maybe the earlier response was a bad call by the warranty company.

Does anyone know how reliable these patches are?

Thanks