A Rye couple claims that a newly-built house they bought for $3.6 million in 2020 is saturated with water beneath the stucco surface because the developer waterproofed it incorrectly.
Michael and Jennifer Zicari accused Woodhail Rye Development of breach of implied warranty in a complaint filed on May 31 in Westchester Supreme Court.
“The high-end residential home the Zicaris purchased,” the complaint states, “is plagued by structural deficiencies that compromise the integrity of the home due to defendant’s shoddy workmanship.”
Michael Hymes, managing partner of Woodhail Rye, in Bronxville, did not reply to an email asking for his side of the story.
The 8,250-square-foot house on Read Court has six bedrooms, 4.5 bathrooms and an indoor basketball and squash court.
The developer had represented to the Zicaris that the house was built in accordance with the building code and industry standards, the complaint states. But recently, the couple claims, they were working on the house and discovered problems.
They removed a piece of stucco and saw that the plywood and wood framing behind the stucco were rotted by water, according to the complaint. Every place they probed revealed rotted materials and in most places the insulation was saturated.
Instead of installing the membrane from the ground up so that each new level overlapped the lower level, the complaint states, the membrane was installed from the top down and allowed water to seep between the layers.
The Zicaris also claim that gaps in copper flashing throughout the facade were not sealed; an improperly installed gutter allowed rain water to seep behind the stucco; and pressure-treated lumber was not used to create a water-resistant barrier between the concrete foundation and wood frame.
Wood framing became swollen with water and interfered with closing and locking windows, according to the complaint. Water behind a kitchen wall short-circuited a row of electric outlets and is believed to have caused a gas fireplace to stop working. Stucco cracked when water underneath repeatedly contracted and expanded during winter freeze-thaw cycles.
The Zicaris say they could not have discovered the problems before they bought the house because they were not able to perform “destructive testing” behind the facade.
A company representative inspected the home on April 29, according to the complaint. He allegedly acknowledged that water was getting behind the stucco and membrane, and said he wanted to do another inspection with the roofing contractor.
Woodhail Rye never followed up, the complaint states, “and has refused to commence any remedial action.”
The couple intends to hire a contractor to fix the problems, the complaint states, and they want the court to order Woodhail Rye to pay for the repairs.
