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Old 01-15-2019, 09:13 PM
 
7 posts, read 6,711 times
Reputation: 14

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We are currently building a custom home in Texas. The Builder is horrendous. We've had unbelievable experience that is too lengthy to go into. The biggest problem I'm facing is the foundation. We discovered the framing is not sitting properly on the foundation so there needs to be a repair involving doweling in rebar adding a deep ledge and covering with non shrinking grout. We've discovered the builder failed to schedule the required pre-pour inspection for the engineered foundation. Can the foundation be warranted with the customary builder purchased 1-2-10 new home structural warranty? From what I've researched these types of builder purchased warranty's require a pre-pour inspection called a level 1 inspection as well as a final inspection at move in before they issue a warranty to the home owner. Anyone run in to this problem?
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Old 01-15-2019, 10:26 PM
 
Location: Johns Creek, GA
17,403 posts, read 65,544,355 times
Reputation: 23515
The warranty is the least of your worries.

I'd be finding out how they're going to satisfy the AHJ of the errant inspection. Then how is the repair going to be attained, commenced, and covered. Then if that doesn't satisfy you, i strongly suggest an attorney to review your contract. If there's an out, (s)he should be able to find it without loss of monies.
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Old 01-15-2019, 11:04 PM
 
Location: San Antonio
3,536 posts, read 12,273,889 times
Reputation: 6036
Don't close on the house!
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Old 01-16-2019, 08:08 AM
 
7 posts, read 6,711 times
Reputation: 14
Default It's a One-Time-Close Construction to Permanent Loan

I'm not planning to authorize the next draw. So far we've only used our own funds. If we were to proceed with the current builder, assuming all corrections were made at builders expense etc..., the next draw will be the first tap the banks money. If I don't go forward with this builder I don't know how that will effect the one-time-close loan. Since the bank hasn't kicked in any money yet, I think this is the time to pull out. Once they advance their money the game will become much more complicated. Hesitant to call the bank before I understand how pulling out of the one-time-loan before funding will work or not work. Wondering if the builder and I can settle for the damaged foundation (cost was 50k), no pre-pour inspection, construction defects, pour workmanship issues and just part ways without a law suit being filed by me. The house is about half way done. Looking for answers.
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Old 01-16-2019, 11:55 AM
 
Location: Johns Creek, GA
17,403 posts, read 65,544,355 times
Reputation: 23515
As I previously stated, you need to discuss this with an attorney.

Every state, and every contract has their own nuances that require a thought process that you're not going to get on a forum.
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Old 01-16-2019, 03:15 PM
 
6,336 posts, read 4,055,545 times
Reputation: 12921
Quote:
Originally Posted by K'ledgeBldr View Post
As I previously stated, you need to discuss this with an attorney.

Every state, and every contract has their own nuances that require a thought process that you're not going to get on a forum.
He will need an attorney and probably a structural engineer/architect as well.
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Old 01-16-2019, 03:20 PM
 
Location: Aurora Denveralis
8,712 posts, read 6,664,144 times
Reputation: 13501
Quote:
Originally Posted by Rickcin View Post
He will need an attorney and probably a structural engineer/architect as well.
And, IMVHO, a willingness to get completely out of the deal and the build if an opportunity presents. Salvaging a satisfactory, cost-worthy build could be nearly impossible at this point.
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Old 01-16-2019, 04:18 PM
 
Location: D.C.
2,867 posts, read 3,505,694 times
Reputation: 4770
Maybe I'm wrong here, but wouldn't the inspection of the foundation be a requirement to achieve the final certificate of occupancy by the county so you could live in it? If there isn't a record of a satisfactory inspection on, of all things, the foundation itself, then how could the county say it's safe to live in?


I would also think the lender would require this inspection as a condition of advancing loan dollars on the project. Last thing they'll want is to foreclose on a useless piece of property. They'll want to verify that all aspects of the project are up to code and compliance prior to getting their hands dirty here.

I agree on the attorney part 110%. He/she will probably go straight to the county first to verify bond posting for the building permit issuance.
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Old 01-16-2019, 04:26 PM
 
Location: Aurora Denveralis
8,712 posts, read 6,664,144 times
Reputation: 13501
Horse, burning barn, spilt milk, all of that - I suggest that this builder did not suddenly forget how to do his job with this project. An attorney will no doubt find a trail of challenged work, bogus permits, lawsuits and so forth.

I've never had a home built (pretty close to it, though), and I can't imagine how a contractor this grossly inept could be chosen for a project.
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Old 01-16-2019, 04:40 PM
 
6,336 posts, read 4,055,545 times
Reputation: 12921
Quote:
Originally Posted by Quietude View Post
Horse, burning barn, spilt milk, all of that - I suggest that this builder did not suddenly forget how to do his job with this project. An attorney will no doubt find a trail of challenged work, bogus permits, lawsuits and so forth.

I've never had a home built (pretty close to it, though), and I can't imagine how a contractor this grossly inept could be chosen for a project.
Agreed, Its not a just a mistake or error but rather a totally incompetent contractor ❗️
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