Builder won't let me in.....

Originally Posted By: jremas
This post was automatically imported from our archived forum.



I just got a phone call from an upset client. He is building a home, has closed on it but has held back the last two draws from the builder because of unresolved problems. His attorney has recommended that he utilize me for a home inspection prior to releasing any further money. The appointment WAS scheduled for tomorrow morning. He just called me because the builder changed the locks to the home and refuses to let me inspect the home for the client. The builder (she) states that she is responsible for her workers and due to her insurance, she reserved the right to keep anyone out that she wants.


We just had an article about this where the builder was held responsible for not letting an inspector in representing the client and paid dearly for that mistake. I believe the ruling was based on the fact that the client is not an expert in home construction and therefore lacks the knowledge needed to properly inspect the home.

I will keep those up to date on what happens with this one.

BTW, there was a $75. cancellation fee for less than 24 hours notice.


--


Jeff Remas
REMAS Inspections, Inc.
Northeastern PA & the Poconos
www.NEPAinspector.com

570-362-1598

Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.



Jeff,


This is a pretty common practice up my way. It is especially true with large builders. It is also contingent upon what the builder's contract states, and who actually owns the land. If the client owns the land, they can have the builder forcibly removed from the site. If the builder owns the land, there is little the client can do but litigate.

Some of the largest builders in the country oull this crap. I recently inspected a 5000 sq ft home for a client (post-closing). Home was 1 month old. Among the first things I found were: no brick-ledge or footing for the brick in front of the home, heating system undersized by about 50,000BTU, 12 (yes, twelve) significant cracks in the basement floor, standing water in the basement, poor site landscape and drainage, cut truss assemblies in the attic, slopily wired main electrical panel, some exterior outlets not GFI protected, a 3 1/2 foot cantiever on the elevated deck, structure did not conform to NY State Energy Conservation Construction Code.

I advised this rather distraught client to 1) hire an attorney, 2) hire a licensed professional engineer experienced in structural failures, and 3) contact the NY State Dept of State for enforcement of the ECCC.

This was WAY beyond the scope of a typical home inspection. These folks got royally screwed, by one of the largest builders in the northeast. The home's cost? A mere $1,250,000. Peanuts by most of our standards, no? ![icon_lol.gif](upload://zEgbBCXRskkCTwEux7Bi20ZySza.gif)


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: nlewis
This post was automatically imported from our archived forum.



Joe,


It does sound like some of your inspection is way beyond what most inspectors do. What method are you using to determine the heat loss for house, and do you determine the adequacy of the heating for every house?


Originally Posted By: arosenbaum
This post was automatically imported from our archived forum.



jfarsetta wrote:
Jeff,

heating system undersized by about 50,000BTU


hmmmmmmm...... didn't know we had to state in our report if the heating was adequate or not....


Originally Posted By: Scott Warga
This post was automatically imported from our archived forum.



Jeff,


Don't let the builder get away with this.

Turn on your tape recorder and call the builder.

Ask them why they will not allow the buyers inspector on the site.
They will tell you because of insurance. ![eusa_boohoo.gif](upload://j5YiA2xAD08B5o0iRQIRihBL6mu.gif) Inform them that you are insured and have 20 years of Construction & Maintenance experience
Certified PSMA / NOF Septic System Inspector
NRSB Certified as a Radon Measurement Specialist
Member- National Association of Certified Home Inspectors (NACHI)
Member- Pennsylvania Septage Management Association (PSMA)
Completed Residential Building Inspector Certification Course
Pennsylvania Construction Codes Academy Trained (PCCA)
Member- International Code Council (ICC)
Certified Residential Building Inspector, ICC

Tell them that the client will have to pay a Cancellation fee if you are not allowed access.

Then tell them that you have recorded the entire conversation and will be calling the local news channel after you get off the phone with your client.

I have done this before and it worked all but once. "Brown Family Builders" will not allow me access. Every other builder now allows me. One builder is now even paying my fee if I find anything significant.

Let us know what happens.


--
Scott M. Warga
President
Ark Inspections Inc.
Gilbert, Arizona

Originally Posted By: dvalley
This post was automatically imported from our archived forum.



We’re still waiting on a verdict from Jeff R.


Joe,

By the looks of your home inspection, I'll bet that this house was used for training purposes by the local contractors. How the hell can all contractors screw up so bad on a typical home construction. With that many defaults on a new construction....someone was on vacation.
![](upload://4sz21M9PBqwNBn8AO7iuhlKFz5F.gif)


--
David Valley
MAB Member

Massachusetts Certified Home Inspections
http://www.masscertified.com

"Some cause happiness wherever they go; others, whenever they go."

Originally Posted By: jremas
This post was automatically imported from our archived forum.



UPDATE, nothing new. The client spoke to his attorney on the phone and has an appointment with him to review the contractor’s contract. Nothing can be done until that happens.


I did find out that the client owns the land outright and can place a no trespassing sign on it and forbid the contractor access. It has not come to this yet. Will keep you posted. The contractor always loses in these situations.

Does anyone know different??


--


Jeff Remas
REMAS Inspections, Inc.
Northeastern PA & the Poconos
www.NEPAinspector.com

570-362-1598

Originally Posted By: Mike Parks
This post was automatically imported from our archived forum.



Joe


Why are you inspecting "tract" homes? LOL.

Hey if it is less than $XXX I sleep in.

"How the hell can all contractors screw up so bad on a typical home construction. With that many defaults on a new construction....someone was on "

When I can figure out how to edit this home inspection, because it is going to be litigated, I will post it so you can see a $30-50,000 screw-up.

BTW I had to "PAY" the local building officials to come to see what they missed.

Mike P.


Originally Posted By: rray
This post was automatically imported from our archived forum.



[quote=“Scott Warga”]Turn on your tape recorder and call the builder.


. . .


Then tell them that you have recorded the entire conversation and will be calling the local news channel after you get off the phone with your client.


[/quote]


Someone correct me if I’m wrong, but I believe recording a telephone conversation without the other person’s knowledge or approval is a federal crime.


Originally Posted By: jhagarty
This post was automatically imported from our archived forum.



icon_question.gif



Joseph Hagarty


HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

Originally Posted By: jpope
This post was automatically imported from our archived forum.



. . .


I don't think I'd go there ![icon_confused.gif](upload://qv5zppiN69qCk2Y6JzaFYhrff8S.gif)


--
Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.



In point of fact, it does vary by state.


Texas for example only requires one party to the conversation to be aware of the recording.

Kentucky requires both people to be aware of the recording.


--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky

www.b4uclose.com

Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.



Neal,


Typically speaking, you are correct. The problems with this home were pretty obvious.

As to the heating system, I notices that the home was built with 2X4s, which has become a bit rare in NY on new construction. For the architect to show conforming envelope design which meets the NY State ECC, there is typically a page of calculations. I know this because I had to do it with my own home. So, to avoid the hassle, lots or architects simply frame the home with 2X6s and add the extra insuation.

This home had a section where I could see the OSB sheathing. There was no foam insulation present, nor was there tar paper or Tyvek. I then looked at the boiler. There are trade offs in the ECCC which take into account effeciencies of the boiler and AC systems. In order for the builder to take advantage of some of these changes to the ECCC, he would have had to use a 14 SEER AC unit, and a boiler with a 92% minimum efficiency rating. Also, at over 5000 sq ft, with a hydro-air style system in place, 105,000 BTUs seemed light. I called WeilMCLean, the boiler's manufacturer, and spoke to some of their sdesign and support techs. BAsed upon the sheer size of the home, they felt that the boiler was undersized. They then tole me that they didnt manufacture an oil-fired boiler with an energy efficiency rating over 85%. So, the builder couldn't take advantage of the waivers in the ECCC. Add to this, that all homes presently under construction in this same development, of the same size and design, have 165,000 BTU heating systems being put in.

So, did I go beyong the typical SOP? Maybe. But with these red flags smacking me in the face, it was kinda hard to avoid digging a little further, especially with the Client crying in front of you, that the builder wont return her calls, and that the whole thing was a nightmare.

Some other things...

200 amp service. No additional capacity in the main panel. Sup panel w/ 6 breakers installed directly below main panel. No room in sub panel.

6X6 lallys for the deck were not anchored to theit piers (one was crooked). No lateral bracing on deck. Finish naile were used to toe-nail wooden girder to wooden lallys at top (one on each side). Rim joist on home was a TJI. Deck lag bolted to OSB portion of TJI/rim joist.

No brick ledge of any type under brick on front of home. Brick was sitting on ground. Rise for 1st step in front of home (for stoop) was a whopping 14 inches!

Lights in basement started to flach when I was down there. No one was operating any switches in the home. 3-way switch started to smoke when I operated it.

I did not view this as a typical home inspection. They specifically told me that things didn't seem right in the home from the 1st day they were in.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."