 bcoolPremium
join:2000-08-25
The Ozarks
4 edits | deck bolted into house without flashing Ok, continuing mini series on brand new construction:
"THE MANY SHORTCUTS OF A LAZY BUILDER"
1.) Leaking walkout basement door that was not flashed during construction of new home
2.) wetness on two different spots on basement concrete walls because of bad concrete pour (one along cold joint which does go below grade and the other on front corner wall that is completely above grade. After concrete walls cured, builder patched areas on these walls with concrete apparently to conceal surface defects or worse? - both spots show moisture during severe storms.
3.) Girder (beam) running perpendicular to floor joists in crawl space is improperly supported (at one point) with only concrete blocks stacked sideways which means that beam does not run straight from one end to the other; beam sags slightly downward as it reaches and actually rests on top of basement wall. The very spot on which the main beam now rests is itself a "patched" in void in concrete wall ( originally a 'v' shaped void) left in wall because of poor technique when pouring the basement wall. Only after I complained during construction, the v-shape void was filled in of course over cured concrete wall. For the moment there appears to be no cracks developing in patched area at top of basement wall (above grade). The patched area at top of wall is not much bigger than let's say a car battery (not the same shape of course) just to give you an idea.
There are a few other "cosmetic" shortcuts that have showed up which when they're compared to the first three I've listed above they pale by comparison so I won't even get in to them.
***But here's number 4 on the billboard: I highly suspect that builder did not use flashing when he bolted in my small 8 x 10 deck to house. The deck also has shed roof out over it about 6' with support pillars on deck. The floor boards or panels or whatever you call them happen to run parallel with the house. So I was wondering once I confirm no flashing was used whether it's necessary and/or even feasible to tear out a couple of floor panels up next to house in order to do something preventative where deck is bolted into house. During the most extreme storm activity the actual spot at most might get "mist" or over spray I suppose. Otherwise area seems to stay pretty dry and judging from inside the crawl space, bolts into house are above the dirt under the deck. Sorry for the novel! What a ride this has been. 
FYI: FLOOR "BOARDS" stop right before deck railing. |
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 MsradellP.E.Premium
join:2008-12-25
Louisville, KY
 ·AT&T U-Verse
| You may be able to do what you're talking about, especially since the area doesn't get a lot of rain anyway. However, it's not the correct solution, like everything else that has been talked about for repairing your other problems.
I'm afraid based on what you found already continue finding problems for quite a while. Hopefully you've found the worst ones. Have you contacted a lawyer yet regarding these problems? |
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bcoolPremium
join:2000-08-25
The Ozarks
2 edits | said by Msradell:You may be able to do what you're talking about, especially since the area doesn't get a lot of rain anyway. However, it's not the correct solution, like everything else that has been talked about for repairing your other problems.
I'm afraid based on what you found already continue finding problems for quite a while. Hopefully you've found the worst ones. Have you contacted a lawyer yet regarding these problems?
Here's the deal. The "official" warranty period is from July 2, 2012 to July 2, 2013. The builder has been notified verbally in person and in writing on two occasions of things that need to be repaired. All he has actually done "officially" was to storm out of my house in anger over the question of how to properly repair the walkout basement door. In no wise has he "officially" said or written that he will not honor the warranty.
What he is doing for the moment (probably 2 weeks now) is not returning my calls. That's it. In fact on the very day he went ballistic, he arranged the flooring company to rush over and fix a defect in my laminate floor. That was done hours after he stormed out of my house. But since then nada. I contacted the real estate agent who brokered the deal and she was willing to talk to builder. All she would say afterwards was that builder was still PISSED OFF and that I should give him some time to cool off. Just imagine the irony. I never raised my voice and I wouldn't even say that I had a demanding tone in my voice on that day. But here I am with the problems and he's pissed off. Man, all I can do is shake my head. The real estate agent is a nice lady but surely she realizes what she is peddling with this builder's way of building a so called "budget" home. Surely.
So you see, I'm not sure what to do right at this point...be patient for a few more weeks, or try some other technique to force his hand so I know sooner than later what he plans to do?? I'm concerned that he's stalling..... |
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garys_2kPremium
join:2004-05-07
Farmington, MI | So, again, what did your lawyer say? |
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bcoolPremium
join:2000-08-25
The Ozarks | I think what I'm trying to explain to you is that I'm not sure whether it is time yet for me to bring a lawyer into the mix if you read actual events carefully so far. ? |
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garys_2kPremium
join:2004-05-07
Farmington, MI | reply to bcool
Sure, and I think we're trying to say that yes, it is time to lawyer up. |
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bcoolPremium
join:2000-08-25
The Ozarks | well then there you have it. Thanks. |
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Reviews:
 ·RoadRunner Cable
 ·ViaTalk
1 edit | The builder gambled that you wouldn't notice these major cost saving cuts. (is flashing really that expensive? ) You found out and now he is pissed. That is his problem you need to take care of getting this fixed by any means necessary.
Lawyer up dude. You are only going to find more problems down the road. |
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3 edits | reply to bcool
I hope you have a good lawyer.
Get your lawyer to force the builder to make all necessary repairs. I would also see if your lawyer can get your warranty to start over based on the number of repairs needed now.
I know this was a new build, but did you hire a home inspector to check things over before you closed on the house? My house was new construction and my real estate agent still advised me to hire an inspector, who found things for the builder to repair that I would have never seen.
How did you even get a certificate of occupancy?
And, as far as your builder stalling...of course he is. You have essentially 3 months left on your new home warranty. Sounds to me like he's going to let things drag on so that your warranty expires. |
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garys_2kPremium
join:2004-05-07
Farmington, MI Reviews:
·callwithus
·Callcentric
| reply to bcool
Please keep us up on what your lawyer does and how well it works. Because these defects are so egregious (and meant to be covered up so you wouldn't see them, possibly indicating intent to deceive) he should ask for the builder to cover your attorney's fees, as well as remedy the problems and extend the warranty.
In any case do not wait for the warranty to get closer to its expiration! The builder has given you his answer and now is the time to get going on a real remedy. |
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bcoolPremium
join:2000-08-25
The Ozarks
4 edits | reply to dharel1705
Even though the builder AND real estate agent sorta kinda poo-pooed the notion that an inspection was necessary, I arranged for one anyhow just before closing. It was funny... I recognize only NOW what the odd look on my builder's face was when I told him about the inspection: it was TERROR. But terror turned to Cheshire cat smile when he discovered that I managed to find the most incompetent inspector in the area (you know, that one who everybody gossips about in whispers who was fired by the municipality for doing private inspections on city time) so guess who didn't do due diligence! Yours truly.
But I did have another inspection done after careful research just about 2 weeks ago and the inspector checked out this house from stem to stern....all in writing. Everything cited here (except deck problem) is listed in inspection. Otherwise inspector says...otherwise... a big 'otherwise' the house is structurally sound. Yea buddy! I'll repeat the prevailing attitude by friendly subcontractors I happen to know which is that suing is a big waste of time in this town of 12,000....nobody is saying NOT TO, they're just suggesting that the deck (no pun intended) is stacked against homeowner, I guess. Heck, what do I know.... I will contact my lawyer immediately anyhow. |
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| A leaky house it not technically what I would consider structurally sound. Water infiltration can cause serious damage to things that are "otherwise" structurally sound.
Forget what others tell you. You have documented issues with the house. You've made the builder aware, within your warranty period. He has to legally fix them. Your warranty is a binding legal contract.
As mentioned, it's time to hire a good lawyer. |
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bcoolPremium
join:2000-08-25
The Ozarks | reply to dharel1705
said by dharel1705:How did you even get a certificate of occupancy?
I'm not mocking you be assured. It's just if I don't poke a little fun at the absurdity of my plight, I think I'd have to cry....
How did you even get a certificate of occupancy, you ask.
We don't need no stinkin' certificate of occu whatever you call it!
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| said by bcool:said by dharel1705:How did you even get a certificate of occupancy?
I'm not mocking you be assured. It's just if I don't poke a little fun at the absurdity of my plight, I think I'd have to cry.... How did you even get a certificate of occupancy, you ask. We don't need no stinkin' certificate of occu whatever you call it! No worries. I can certainly appreciate all that you are going through.
I simply asked that, because that was the one final thing holding up my closing. The builder needed to get my bank a certificate of occupancy, before my mortgage was finalized an we could close. The CO is required and means the house passed final inspection with the town.
Perhaps it's not a requirement for new homes built where you live. |
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bcoolPremium
join:2000-08-25
The Ozarks | reply to bcool
yea, we don't call it Ozarks for nothing.
Thanks for understanding.... |
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bcoolPremium
join:2000-08-25
The Ozarks | reply to bcool
Ok guys. I've just referred my problem to my attorney.
I'll try to keep you posted.
Thanks folks. |
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 35245635
join:2013-03-04
North Reading, MA | reply to bcool
With any luck you'll only need to have your lawyer send the builder one letter and the builder will then fix the stuff knowing there is a lawyer involved.
You might even be able to get your bank involved. If you call them and convince them their investment is a problem they might talk to the builder to protect their investment. If your house is unsafe or gets damaged as a result of the builder the bank stands to lose money. It's a long shot but who knows.
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"Everyone has his day and some days last longer than others." - Winston Churchill |
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guppy_fishPremium
join:2003-12-09
Lakeland, FL
kudos:1 Reviews:
·Verizon FiOS
| reply to bcool
said by bcool:Ok guys. I've just referred my problem to my attorney.
I'll try to keep you posted.
Thanks folks.
You made the right decision, your "builder" knows most will just give up and not take the steps necessary to enforce the contract ( warranty on his workmanship on building the home )
Laws have very specific methods ( like certified mail for notice to the builder ) that need to be followed. While the builder may ignore you, its another thing to ignore a lawyer ..
Hope this gets resolved to your satisfaction! |
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kherrPremium
join:2000-09-04
Collinsville, IL | reply to bcool
Where in the Ozarks are you. I lived at Lake of the Ozarks (Osage Beach) for quite a few years in construction (electric/plumbing). Looking back now that I know what's what, they got away with murder. One condo building I worked on the structure sagged in multiple different points by an 1.5 inches and more by the time they were framing the 3rd floor(top floor). Instead of fixing it they just posted it in the crawl (bearing walls just had a triple 2X12 spanning 18', footings were run the wrong direction, not under bearing points). I was shaking my head the first day I was out there, it didn't take a rocket scientist to see what was wrong.
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 leiboldPremium,MVM
join:2002-07-09
Sunnyvale, CA
kudos:5
 ·SONIC.NET
| reply to 35245635
said by 35245635:With any luck you'll only need to have your lawyer send the builder one letter and the builder will then fix the stuff knowing there is a lawyer involved. Agreed.
said by 35245635:You might even be able to get your bank involved. Before involving other parties always consider all the possible fallout.
If you manage to get your bank concerned about the value of the property it is far more likely that they demand additional security from you then to go after the builder with whom they have no relationship.
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