So it is not a problem?

Now where did I say that?  Here is a problem found in June of 2005...

 

 

If this happens to be your house this is real messy stuff. This one may well involve removing large amounts  of stucco, replacing structure after remdediating mold and then re-stuccoing.  Many tens of thousands of dollars.

So the fact remains.  The problem is rare but not non-existent.  If it hits you it is a big deal.  Even if someone else pays it is a major nuisance to be dealt with .

Thus pursuing the present legal action until some reasonable accommodation can be arrived at would seem reasonable.