Tag: Construction

Building defects can be a vexing problem for new home owners, many of whom choose invest in new construction specifically to avoid the pitfalls that can come with the purchase of an older home. That investment in peace of mind can be quite significant, as the cost of a newly constructed home is often substantially higher than the purchase of a comparable existing one, making issues stemming from building defects all the more frustrating for the consumers involved.

Often, homeowners expect perfection when moving into a newly constructed home, built with the latest in new construction materials and conforming to modern building codes. However, many soon realize the hard way that these expectations are not realistic, as problems begin to appear in their new home. Home building is a complex process that generally involves a vast array of materials and number of subcontractors to complete, such as framers, plumbers, roofers, and electricians to name just a few. Mistakes can and do occur that can result in home defects. For this reason, a home inspection done by a qualified and independent inspector is a wise investment for any potential home buyer.

Faulty materials can often be at the root of building defects in new construction. New, innovative building technologies and materials are introduced into the market every day, many of them designed for increased durability, enhanced energy efficiency, or to reduce home maintenance hassles. While most of these products are tested extensively before being released onto the market and perform well, some of these newer products have not performed as expected and have been the cause of damage to the home. Many building products do come with a warrantee, but claiming against it can be quite difficult, especially if the materials were purchased by a builder or developer, as is most often the case.

Even tried and true building materials, used in home construction for many years, can be the source of building defects if they are not applied correctly. Faulty workmanship is a factor in a significant portion of building defects cases. Builders are generally obligated to resolve home defects caused by poorly done or unfinished work.

Avoiding these issues during the home shopping and purchase process is much easier than resolving them later, after your hard earned money has changed hands. Consumers who hire an independent inspector to investigate the condition of the home before purchase are much more likely to have problems found and resolved before closing, sparing a great deal of hassle and expense in the future.

Wall Street Journal Summary

According to an article published in the 07/24/98 edition of The Wall Street Journal, the fund set up to compensate homeowners with defective LP siding is out of money. 

LP had agreed to pay up to $275 million dollars through the year 2002, and has put up $195 million so far.  As of this past March, claims had reached $365 million.  Lately, payments to homeowners have “slowed to a trickle”, and the fund will probably be depleted by the end of this month.  An estimated 48,000 claimants have received no money and new claims are pouring in at the rate of about 800 per week.

It’s unclear if the company will deposit any more money into the fund, and under the agreement, homeowners can’t sue until 2000.

So, what does this mean for you LP owners?
(This part is my opinion and does not reflect the article)

Well first, if you submitted your claim early and have been paid.. congratulations on reaping the rewards of being prompt.  Be sure and keep all of your records concerning the repairs in case you sell your home in the future.

If you’re in the middle group, who have filed a claim but haven’t been paid, you’ll have to sit back and hope for the best. You may be compensated, but I wouldn’t spend my days sitting on the porch waiting on the mailman.   If your home is on the market or about to go on the market, be ready to either get out the checkbook or discount the price of the property.  Many real estate disclosure statements require you to disclose if your house is clad with LP.  Even if you’re not required to disclose, you need to anyway.  If you’ve got LP and you sell the property without disclosing this, you may well wind up on the wrong end of a lawsuit, whether you know it’s LP or not.  

Finally, if you’re in the last group…those who have put off making a claim, it’s probably too late.  You may still have some recourse against LP, but probably not if they live up to the settlement terms.  It looks as though you’ll be footing the entire bill.  If you simply can’t afford to have it all replaced, I’d recommend that you replace any damaged siding before it allows water to damage the framing of your home.  If you’ve got siding that is functioning, take really good care of it.  Keep it meticulously caulked and paint it thoroughly, with a first class paint.  You’ll need to do this on a regular basis.

I suppose that if there’s a moral to this story, it’s “Investigate and Don’t Procrastinate”.  Sometimes products just don’t perform as intended.  If you find that you have one that doesn’t, pay attention and act quickly.  And remember, it could be worse.  You could have a home with asbestos insulation, radon seeping through the floor, Polybutylene water piping, LP on 3 sides and EIFS on the other, failing double paned windows, aluminum wiring, fire retardant roof sheathing, and the whole structure built on a trash heap.

It’s pretty much impossible to build anything new or alter an existing structure without obtaining a legal building permit that provides legal authorization to do so.

Every state establishes its own rules and regulations governing building standards and contractors.  These state laws must be met in order to secure a building permit, required before any work is allowed to begin.

Cities may establish their own set of regulations that must be followed within their boundaries as well.  These city standards will be at least as rigid as the state’s standards but may address particular needs of a specific environment, terrain, or ecological issue.

Any building permit issued by such municipalities will be issued only when the permit applicant recognizes both the city and the state building guidelines.

Different use types for construction projects require a different building permit, too.  Regulations pertaining to schools, hospitals, or shopping malls will not be the same as those pertaining to homes.

New construction isn’t the only type of construction that requires a building permit.  Remodels, renovations, and restorations are likely to involve a building permit, too.

Even though these situations don’t call for construction from the ground up, they are quite likely to become attached to or connected in some way with the infrastructure of the community surrounding the project.

In such cases, a building permit is likely to be required to access municipal sources of electricity, natural gas, water, wastewater, and sewage systems.  Fire safety codes and land use regulations must be met.

To ensure the safety of the entire community, only a licensed professional contractor will be issued a building permit.  The issuing entity can provide a list of approved contractors for jobs of all scopes and sizes.

When building a house,  one of the biggest decisions to make is what materials the house will be constructed of. EFIS stucco can be a wonderful choice for your home. EIFS stucco is a synthetic type of stucco that can be applied to the exterior of your home. The material has been around for decades in the United States and those who use it seem to like it.

EFIS stucco is composed of three layers. The inner layer attaches to the wall and often serves as insulation for your home. The middle layer is a type of reinforcement for the insulating layer that keeps your home standing strong. The outermost layer is the brawn of your EIFS stucco covering. The outer layer is the finished layer everyone will see as the outside of your home.

Like any material, EFIS stucco can pose some problems. Water damage is one of the most common problems when it comes to EIFS stucco. Water damage or water leaking into your EIFS stucco can cause deterioration or the growth of mold within the layers of the EIFS stucco. Sometimes it can be difficult to identify a problem with your EIFS stucco. However, it is usually the outer layer that shows signs of the EIFS stucco being damaged. Peeling paint or bubbling paint can be telltale signs of damage within the layers of your EIFS stucco.

While there can be unforeseen problems with EFIS stucco, there are precautionary measures that can be taken to avoid trouble. You should try to keep water aimed away from the house. An example of this is pointing gutters out from the direction of the house. It is also a good idea to read up on EIFS stucco if you are new to using it. The Internet is a wonderful place to find information on EIFS stucco.

EIFS stucco is something that can be a real headache especially if your home has it and you want to sell your home, and the reason is that as soon as a buyer figures out that your home has this problem, he or she will at once look elsewhere even though you have taken steps to protect your home. Thus, homeowners who have taken the pains to protect their homes will face a lot of heartbreak which would have been very bad for them but for a few simple steps that can help rectify the situation.

Records Pertaining To Siding

To begin with, you should get the records pertaining to the siding and then get hold of EIFS stucco bond for repair and moisture that can be provided to the buyer thus helping to allay their fears. Also, if you ensure that the siding does not directly make contact with the ground, you will have found a way out and then you can perform a moisture test and give the results to the buyer.

These are simple steps that can help you overcome the problem and though there is not much you can do to allay a buyer’s fears about this kind of problem, you can certainly recognize such concerns and act to minimize their effects, which will go a long way in defending you against loss of buyer interest.

Because real estate is today a good means of investing money, it means that most educated buyers would think twice about buying EIFS stucco homes. Thus, homeowners need to have a multi-layered exterior finish that will help repair damaged buildings and in this there are three such layers that are used which include inner layer such as foam insulation boards, middle layer such as polymer and cement base coat, and finally, the exterior layer that is textured finish coat.

Wow!  You’ve got yourself a friendly and cooperative Builder.  I’ll bet your friends are jealous.  But even good builders make mistakes.  This should be easy.  It’s my very own 12 step program.

1. Document all communications with your Builder.

2. Have the property inspected by a professional home inspector who will cite authoritative sources.

3. Compile your own list of defects not covered by the private home inspector.

4. Give both lists of defects to your Builder.

5. Have the Builder notify you in writing what repairs if any, will not be addressed and why.

6. Agree as to what constitutes and acceptable repair.

7. Determine who will be responsible for the costs of additional inspections if needed.

8. Have applicable warranties extended on repaired items.

9. Have the Builder provide you with a schedule of when the repairs will be started and completed.

10. Re-inspect as necessary and sign off on acceptable items.

11. Take your Builder to lunch and let him know that you’ll be referring prospects to him. Then do it. They’ve earned it.

12. Enjoy and maintain your home.

If you’ve tried the tips above and aren’t making any progress, jump to not-so-friendly builders.

I like lawyers as much as the next guy. But like good catfish bait, they should be used sparingly. If your Builder’s attitude changed just after you handed him that big check at closing, the following suggestions may help. I recommend trying them in roughly the order presented here. I’ll assume that you’ve already notified the Builder of defects and he’s blowing you off.

Write a brief summary of your disagreements

Keep it friendly. It should recap your past correspondence of unresolved issues. You should identify the specific area of disagreement for each item. Is there a dispute of physical fact?  For example : “The inspection report states that the soil is higher than the framing. The Builder states that it’s not”. Or, is the dispute about acceptability? Example : ” The inspection report says that the soil should not be higher than the framing. The Builder states that this is allowed”.  This clarifies the situation. It also ensures that you and the Builder understand each other’s position.

Send this to your Builder (via Certified mail). Explain to him that this is your understanding of your differences. Invite him to correct any misconceptions and tell him that no reply within 10 days will indicate that he is in agreement with your position. This letter may come in extremely handy later on.

Letter #2.

If you get no response within the required time frame, notify the Builder via Certified Mail (all further communications should be via Certified) of your intention to pursue the matter.

Refer to previous communications. Explain that your requests are reasonable (make sure that they are) and that you are now forced to utilize other measures and will not give up the fight. Then don’t. Many times, who is right or wrong has no bearing on the outcome. It is simply a matter of will, and the stronger will wins. Your builder probably understands this and may have lots of practice. The process is not difficult, but it can be frustrating and time consuming. Many builders count on this and figure you will get tired and go away.  Be tenacious.

Contact neighbors to discover similar difficulties with problem resolution

You may have more in common than you think. There is power in numbers and you can share tasks to lighten the load. Remember that the quality of construction in your neighborhood will affect your resale value and possibly your safety.

Contact your warranty company if applicable

Your house may be covered by third party warranty company and they may be of some help on certain issues. They also may want you to jump through various procedural and financial hoops. You can decide if it’s worth it. They will usually send one of their inspectors or arbitrators to try and settle the issue. Keep in mind who this person represents and that they will only discuss issues covered under the warranty. Remember, on may items the warranty company is not the final authority. Building Codes, manufacturer’s instructions, and other industry standards supersede your warranty and may in fact be State law. The question is – Where does the ultimate responsibility for the repair lie? With your Builder or the warranty company? In the end, it is the Builder’s responsibility to ensure that the house meets minimum industry standards, whether or not he is reimbursed by a third party company.

Ask for help from your local municipal inspection department

Some are more help than others. They have the ability to apply pressure to the Builder in a number of painful ways…If they choose to.  Remember that the vast majority of municipal Inspectors are doing the best they can under difficult circumstances. Mention to them that you are aware of their budget and time limitations and that you are not trying to lay the blame on them. However, their opinion on specific items raised in the private inspection report would be helpful. Typically , they will only address Building Code violations. At the time of their inspection, ask for their opinion in writing. Insist that any contrary opinions are in writing. More often than not, they will lean to the conservative side when they are signing their name to an opinion. Notify your inspector of any items that are contrary to the report.

Complain to your local elected officials

If your local inspection department is no help you should contact your elected representatives.  Explain your problem and the poor attitude of the local inspection department.  Try a City or County Commissioner, the Mayor, the City or County Attorney, or any other elected official who’s job it is to represent you. The key word here is elected. Smart elected officials are sensitive to the needs of their constituents.

File complaints with local, state, and national home builders associations.

This may or may not be of help. However, a number of similar complaints against the same Builder tends to attract their attention. It is embarrassing to them and usually their stated goal is to have reputable Builders as members. Some may provide arbitration procedures. Make sure the rules are fair. Ask for a copy of their “Code of Ethics”. This may also come in handy later.

Write a letter of complaint to the Builder’s lender.

They may be interested in the future salability of the houses that they are financing.

File a complaint with the Better Business Bureau

They may have pre-agreed problem resolution procedures set up with the Builder. If nothing else, it may prevent someone else from experiencing the same problems.

File a complaint with the GA Dept. of Community Affairs

They are in charge of Building Code enforcement in GA and can also offer interpretations.

File a complaint with the GA dept. of Consumer Affairs

They are charged with protecting GA citizens from fraud.

File a complaint with the neighborhood developer

Most developers are sensitive to the satisfaction of the home owners. They may exert some pressure where needed.

File a complaint with the selling Real Estate Broker

Good Brokers don’t want to be identified with bad Builders

Contact the media

There are several “Consumer Action” type advocates and reporters who may be interested in your plight.

Have your attorney send a letter warning the Builder of dire consequences

Sometimes this is enough to finally get their attention.

Consider a suit in Magistrate’s Court

In GA you can sue in this forum for up to $5000.00. It’s inexpensive, usually less than $50.00. You are not required to have an attorney and the Clerk of the Court can help with the procedures.

Hire an experienced construction defect attorney to litigate

This is the last resort but sometimes it’s the only one that makes sense. Pick your attorney carefully. They should have experience in this type of litigation to be effective. Prior experience also prevents you from paying for their “on the job training”.

Everybody wants a nice home to live in.  And a nice building to work or go to school in.  We have building contractors to thank for safe, attractive buildings of every sort.

Building these structures is a complex mission that involves integrating many kinds of materials and functional systems in a way that all work together smoothly, efficiently, and safely.  The building industry must also meet the legal requirements imposed on different building types, materials, and uses.

Because the industry is such a complicated one, building contractors must be licensed to operate in a given locale.  Most states require operating permits or licenses before building contractors can establish operations and qualified personnel are critical to the success of a business.

Building codes vary from one location to another and all building contractors working in a particular area must be proficient in meeting the standards required.  Climate often plays a role in defining building requirements for a particular area.  Building contractors in the hot, dry southwestern part of the US will need to employ certain techniques and materials that building contractors in the cool rain forests of the Pacific Northwest would never use.

Building contractors often specialize in a specific type of construction, too.  They may work on environmentally friendly green houses or specialize in historical restorations.  Either way, they’re working with specialized equipment, materials, and techniques that must be used according to local building codes and standards.

Other ways building contractors specialize their operations is with the type of buildings they build – commercial, residential, industrial, or educationa are just a few options.  The intended use of the building identifies the codes and regulations that must be met in order to work on these projects, too.

Choosing from the many building contractors operating in a particular area can seem like a daunting task.  It becomes a little easier by identifying those licensed to do business in that particular area.

State licensing agencies usually keep an up-to-date record of all building contractors licensed to operate within their borders.  Many building contractors are members of local or regional trade associations, too, and can often be identified here by specialty or regional experience.

Unfortunately, there are operations claiming to be legitimate building contractors who, in fact, have not met regulatory requirements and are operating without legal permission to do so.

Avoid these so-called building contractors at all costs.  Hiring them can be very expensive, a logistical nightmare, and a very unsafe decision as well.

When you’re buying a brand new house unfortunately you’re bound to run into some construction defects.  When the builder says that they are done building your house you should take a thorough look throughout the house with a certified inspector to look for any possible construction defects.  Not only can construction defects be very costly if left for years, but can also be deadly when it comes to faulty wiring or errors with the furnace installation.

When you arrive to check for construction defects you should first survey the outside of the house.  Is the driveway asphalt or concrete done correctly?  There shouldn’t be any large cracks and any asphalt should be sealed to help protect it from the elements.  If your house has a deck or porch you’ll want to check for any structural integrity defects and cracking.  As you walk around the house you will want to check the visible foundation for any cracks.  The soil should be slightly mounded against the foundation so that any water rolls away from your house to prevent pooling. 

As you head inside you’ll want to check all of the walls for any cracks which can be caused by the house settling.  Any cracks you see will only get worse with time and can be very difficult to fix.  You’ll want to carefully check all windows and feel around the edges for any air leaks.  A single construction defect in a window can cost you a lot of money in the winter and can put an uncomfortable draft in the room.

The roofing of your house is one of the most important aspects.  You’ll want to make sure that all of your shingles are properly tiled and that none are missing already.  A construction defect in your roof can cost thousands of dollars in repairs if it begins leaking inside.  The roof is also where most of your home’s heat is lost so it’s important to have good insulation in your roof or attic to help keep your house warm.