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.)