CAN A BUILDER DESTROY THE EVIDENCE OF ITS OWN CONSTRUCTION DEFECTS?
In a case in Kyle, Texas (just south of Austin), KB Homes found mold growing in the walls and kitchen cabinets of a homeowner. They removed the cabinets and promised to have the mold tested and determine whether it was Stachybotros ?Black Mold? or some other type.
Weeks went by and after continual prodding from the homeowner, KB Homes finally conceded that the cabinets had been destroyed. Despite assurances and promises that the test results were forthcoming, two years later, there are still no results.
And of course, how could there be? The cabinets were destroyed. That is admitted. When, is another question. And were they ever tested is another.
So what should you as a homeowner do if your builder wants to remove damaging evidence from your house? Either not let them or film their removal of the evidence or have them sign for your property. It does not belong to them even if they agree to repair it. It still belongs to you unless and until they pay your or replace it. Even then, you can demand that the evidence not be destroyed.