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Legal Notice

 

Subj: New Construction
Date: 05/13/2000 2:30:47 PM Eastern Daylight Time


Personal Note:

Last weekend I was at graduation exercises at the University of Florida where my daughter, Heather, received her graduate degree. It only seems like yesterday I was pushing her on a swing and throwing her up in the air. Now (as I wipe tears from my eyes) she lives with her husband Adam and golden retriever, Murray, in Charleston far away from Dad. They don't stay little for long, enjoy them while you have them.

I am sure you're so busy hauling clients around and closing springtime deals you didn't even miss me. This week I received an e-mail from one of you that said: "Thank you for your newsletter - I'm really enjoying it (although some of it scares me to death). I hope every Realtor in town takes the time to read it each week! … your newsletter is invaluable to me."

Thank you for lifting my spirits and building my ego. I needed it this week.

Newly Constructed Homes

If previous letters have scared you, you better hide your eyes reading this one!

One of my relatives just purchased a home under construction in another state. Being the great guy that I am I offered to drive 10 hours to inspect the home at no charge. What are relatives for? It didn't happen. The Realtor and builder advised that there was no need to perform an inspection on new construction, it was inspected by the local code enforcement inspectors and had a one year warranty. The builder would take care of any problems after closing in the first year. Anyway, that inspector from North Carolina wouldn't know about local construction and codes.

I hope you have never said anything like this to one of your clients! If you have, keep the premiums paid up on your insurance.

Besides being retired (everyone believes that!) and inspecting homes, I also am a construction consultant on both residential and commercial construction. Some of that involves forensic investigation, reporting and preparation for court cases where owners may not be overjoyed with their builders. Such is the case this week. This home under construction is far away in another county and I won't say where to protect the innocent and not so innocent who may be involved. Suffice it to say the area is cold and high. Tuesday I walked through this home with the local code enforcement official who's name was signed on the sticker in the front window stating that the framing was approved and could be covered up. Here are some sections from the twenty seven page report I am finishing up today (be prepared to cringe):

The structural components of the home exhibit conditions that represent potentially serious structural problems as is documented by (the engineer) in his structural examination of this home in a report dated April 24, 2000. This report discloses seventeen general areas of structural concern. Substantial improvement may be necessary. Structural repairs can be very expensive.

There appear to be numerous structural issues, which are clearly documented by the structural engineer. I have observed and reviewed all of these issues (some of which had been repaired although temporarily by the owner prior to my inspection and were seen only in pictures). I fully concur with the findings of the engineer and add my great concern for the inadequacies specifically at the steel column of the window wall prow where the floor support beam has inadequate bearing and lack of attachment to the supporting shelf angle. It is this consultants opinion that this is an unsafe condition. Limited movement caused by heavy wind conditions could reasonably lead to a catastrophic failure at the connection and possible collapse of a good portion of the home. This condition must be secured immediately.

Beam and floor joists have insufficient end bearing in various locations. Some liberties have been taken with good framing technique in various locations. This does not represent a serious structural concern. While improvements need to be undertaken prior to covering up the structure, they are not considered necessary at this time for protection of the structure.

Floor joists trusses and beams are notched, bored and or cut in various locations. This weakens the members. Repair and or resupporting should be undertaken to meet design loads and manufacture recommended practices.

The steel support post at the basement stair supporting the beam below the living room has not been adequately attached top or bottom.

The tops of the stair stringers are not adequately supported.

The built up wood column at the stair is bowing and does not appear to be adequate

The manufactured fireplaces do not appear to be sufficiently clear from combustible materials. This represents a potential fire hazard. It is recommended that manufactures installation requirements and code be consulted for a further evaluation of this condition and the remedies available for correction.

The size and/or orientation of the angled stairway "treads" and "risers" may make the stairway difficult to negotiate and may not meet code requirements.

The drawings clearly show the deck requiring 24"x24"x8" Footing Below the Frost Line (2 Foot Deep) with four #4 rebars and a 6" lag bolt. Not many footings are in place, but the ones that are don't even come close to meeting the design requirements. The footings have been poured with bag concrete mix on top of the ground around the support post that is sitting either on the ground or on top of a 4" solid concrete block laid on its side.

It goes on, you really don't want to see the rest.

Should a newly constructed home be inspected? I will let you decide for yourself.

PS: Received a call from another couple and am preparing a proposal to inspect their home by the same builder. I understand there may be as many as eight more calling for help.

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