Be prepared for the avalanche of questions and comments regarding water proofing the shower. It appears that water proofing was not done and a lot of people will say rip it out and redo it. Of course that is probably $10k to $20k per shower.

I still don't know what we're looking at. Back up please.

I think it's strip lighting over the niche?

I agree with John - it appears to be lighting inside the shower niche!

If that’s correct, you definitely have issues with that shower. No professional contractor who knows what he/she is doing would ever build a niche like that.

I’ve never built a shower - but even I know how to correctly construct a niche so that it’s waterproofed. I also know how to lay tiles - due to lots of research when my contractor incorrectly built my shower + used mastic to install some marble tiles.

If it’s not the LED lights inside the niche, I have no idea what is being shown in the photos.

Let us know if that’s the niche + add some photos of the niche that are closer than the first photo - but not as close as the other photos.

I couldn't figure out what the photos were showing initially either but understand now! Yes, you have a very big problem, unfortunately. (I can't even imagine why they would have tried to put LED niche lighting in there in the first place...?!?) Hopefully the pros can weigh in on whether there's any way to repair it without completely redoing the shower, but honestly unless this was done after the fact by a different contractor than whoever did the rest of the tile, I wouldn't trust any of the waterproofing in the rest of the shower either. There are lots of ways to do niches poorly, but having exposed wood framing and being open to the exterior wall cavity are new levels of bad, sadly. I'm sorry you're having to deal with this (but glad you caught it sooner rather than later!) Does your purchase agreement give you any recourse for workmanship or warranty?

“Molly, you in danger girl.” - Oda Mae Brown

Hi everyone and thank you for the responses. Sorry I wasn't more clear. Yes - this is under the LED strip lighting which is slightly recessed at the top of the shower shelf/niche.

^ can't say it any better.

Photo of the area as you step back

Added video of entire Niche section:

and video of under the bench:

Mike - I just watched the videos - and all I can say is ”WTF??!?!!!?”

I have never constructed a shower bench either - but I’ve seen videos by Sal DiBlasi - and the underside didn’t look like yours!

How can anyone think that water will be contained within this shower?

Here are some screenshots for others:

Shower bench (underside):

More photos of niche:

Have you looked at your other showers? I assume that you have - do they have similar issues?

Thanks, dani_m08 - and yes, I've looked at the other/guest showers in the house as well....All look to have some issues, but nothing as significant as this. How on earth did the home inspector not catch this while on site for almost 4 hours? And what was the builder/GC thinking?

I am so sorry that you are dealing with this. It takes all the excitement/fun out of moving into a new home.

My question is: if there are these visible issues with the niche and the shower bench, what’s going on behind the tile/in the shower pan that you can’t see?

Also, it would make me nervous about what other sub par subcontractors your builder used when building other areas of your home?

I would reach out to the builder ASAP. I would do it in writing (create a paper trail) - it can be by text (texts are admissible) - but I would do it by email (just more professional and easier to use as an exhibit at trial if ever needed). You don’t need to be confrontational (yet) - just explain that you’ve discovered these issues and are very concerned about water penetration into your walls.

Let us know what he tells you.

Complete do over. Unfortunately, you are going to have to have a big big fight to make that happen on a spec house.

Not sure why the above issues would equate into a “ big big fight” because it’s a spec house. There aren’t different codes/regulations/laws that apply to spec houses vs. custom builds.

Most (probably “all“ - but I haven’t personally researched all states - just have looked at issue for various people in different states) have enacted a statute that cover residential new builds and one that covers residential renovations/services.

In my jurisdiction, the issues with the niche and shower bench would be considered construction defects. ”Construction defects” includes a defect/deficiency in, or that arises out of, (i) defective material, products, or components used in the construction, (ii) a violation of applicable codes in effect at the time of construction, or (iii) a failure to construct residential improvements in accordance with ACCEPTED TRADE STANDARDS for GOOD AND WORKMANLIKE construction at the time of construction. (which appears to be fairly typical language in these types of statutes).

It’s pretty safe to assume that wherever OP lives, that ”accepted trade standards for good and workmanlike construction” does not = a niche that has open gaps where water will be able to travel behind the walls. There are wood studs + insulation showing in OP’s photos!

The same applies to the shower bench.

These laws apply to homes regardless of whether someone built a $10,000,000 custom home OR purchased a $600,000 spec home OR $250,000 tract home.

While I don’t specifically practice construction litigation, I’m a business attorney - and much of my work is focused on commercial real estate development ( + sales/acquisitions of businesses), so, I do assist my clients with construction defects. Residential construction statutes were enacted to protect homeowners from these exact types of issues.

" Not sure why the above issues would equate into a “ big big fight” because it’s a spec house. There aren’t different codes/regulations/laws that apply to spec houses vs. custom builds. "

No, but the codes are not written that strict and NO home builder will willingly rip out 4 complete showers. Even if he does agree to do it will be reluctantly and under duress and the results will not be much better. Guaranteed he will state this is the way they always do it and no one has had an issue with water.

Spec houses are just new build flips. The same cheap work, and not a dime more. Tail light warranties for everything.

Yikes! I bet if they agree to come back and look at it they will do some backwards a** attempt to fix like globbing in caulk or throwing some pieces of tile in there. Don't let them. There is no fixing this without a complete tear out. We have seen some bad showers on here but this takes the cake. And it's all 4 showers!!!!!

There appears to be no curb on that shower either and seeing the bang up job they did with the rest of the shower that could be an issue as well.

My cleaning ladies would destroy that shower in no time, as they would use the handheld to spray water all over the niche, inside and outside, to get it cleaned. They would do the same with the bench. They are going to assume it is waterproof.

That is pure hillbilly. Shameful.

Millworkman - the reason I posted my comment originally was because HU - ########’s comment implied that it would be more difficult because OP purchased a spec home - I was simply arguing that since the construction defect statutes apply equally to all residential homes (except some may make an exception for manufactured homes), it didn’t matter that it was a spec home.

I agree with you that the builder isn’t going to agree to rip out four showers. I don’t know if there is a way to adequately address the niche and shower bench issues without ripping everything out - obviously, not my area of expertise. In any event, based upon my experience in this area over the past 25 years, I strongly believe that OP’s builder will be liable for these defects and required to remedy the same (or pay damages if a lawsuit is required). I added information for the OP about the construction defect statutes just so he would know that there is a statute that covers these types of construction issues. While codes may not be written that strictly, all of the statutes that I’ve reviewed have language substantially the same as what I’ve written above.

The appellate courts in my jurisdiction have interpreted the statute to require all work to be completed in accordance with TCNA + manufacturers’ specifications, in addition to codes/laws/regulations/etc.

My understanding is that waterproofing a niche is an accepted trade standard (as is waterproofing the shower bench) - and to not have done so will not only violate statutory requirements re: residential construction - but will also be viewed as negligence. I’m not sure how any builder could try to make an argument that leaving open gaps in a niche and underneath a shower bench - that will allow water to flow behind walls - does not violate accepted trade standards.

Also, these construction defect statutes typically provide for recovery of attorneys’ fees by the homeowner - without which would make filing such a lawsuit cost prohibitive.

There are also other causes of action that could be plead in a petition = various legal theories that may be used OP to recover damages in the event his builder refuses to address the above issues. In my state, consumer protection laws would also apply.

" I strongly believe that OP’s builder will be liable for these defects and required to remedy the same (or pay damages if a lawsuit is required). "

He will get away with a boat load of caulk. Building codes won't protect him as it is not a life safety issue. Court will say he gets the right to attempt to repair it, they have no clue on the correct repair and the builder will get away with his half-ass caulk job. Happens everyday.

The Right to Cure laws in various states vary but generally do NOT give the builder the unilateral right to attempt the repair. The statute(s) gives the builder/contractor the right to offer to repair the defect, to offer to pay to repair the defect, or deny that a defect exists. Again, depends on state.

This is "just" a bathroom ... makes you wonder what shortcuts the builder might have also taken with the foundation, framing, insulation, plumbing, electrical, etc, etc.

OP, you might want to hire a licensed Professional Engineer to come do a thorough inspection, in case there are more issues that you need to present to the builder.