Builder Nightmares

Actual Events of Author

Ever get into a situation with the Client from H_ _ _ who has done some of these things below and then sued you or made your life miserable because he felt something was not right with the home you sold or custom built? And then you had no guidelines to state what you cover and what you do not, no real warranty. Or you were Mr. Nice Guy Builder who spent thousands of dollars to keep the client off your back and avoid the lawsuit and take profits out of your pocket to just make the problem go away? The Author is a builder who has experienced all of the items listed below. Can YOU add your experiences to the list?

Client put a string-line on the floor joists prior to the sub-floor being installed and found a 3/8” crown in the floor and insisted the entire floor structure be replaced.
(Covered on Page 93 of Home Owners Manual)

Client purchased a large refrigerator for the kitchen after moving in where the door needed to open to 180 degrees to get the drawers open and there was a wall in the way. They sued for $5,000 to cover kitchen remodeling costs and filed a claim with the CCB. The client lost as the home was built to the drawings but the stress and attorney costs were painful. Had a Limited Warranty and accompanying Home Owners Manual been in effect this would have been settled out of court.
(Covered under new home construction guidelines and Page 104 of Home Owners Manual)

Client threatened a law suit as the A/C chiller unit was making unusual noises. Contractor cleaned out debris from the unit – Homeowner did not maintain properly.
(Covered on Page 5 of Home Owners Manual)

Client’s dishwasher leaked after 4 years of service. Filter needed cleaned / replaced – Homeowner did not maintain properly. Cost Contractor $2,000 to repair floor and purchase new dishwasher. Had the Limited Warranty been in effect the contractor would have not been liable.
(Covered on Page 8 of Home Owners Manual)

Client observed a flaw in the bathroom mirror. The builder, client and mirror supplier looked for the flaw and could not see. Client said the flaw could only be seen at 2:13 PM when the sun hit it just right and with your eye within 3” of the surface and standing just to the left of the mirror and for us to come back the next day. Mirror was replaced at a cost of $350. Nice Guy builder came to the rescue. Can you top this one?
(Covered on Page 65 of Home Owners Manual & Page 2 of Limited Warranty)

Client complained about hardwood floors being slick and dangerous and wanted them re-finished. Client had used a wax based furniture polish on the floors. Had to sand floors down to bare wood and refinish as wax and new finish are not compatible.
(Covered on Page 52 & 53 of Home Owners Manual)

Client’s personal refrigerator water line leaked as it had an inferior line from the valve to the refrigerator, and caused water damage to the floor. This did thousands of dollars of damage. Insurance paid for damage but client initially wanted contractor to pay for replacement of the floor.
(Covered on Page 8 & 104 of Home Owners Manual)

Clients went out of town for Christmas and came home finding their water lines frozen and major water damage resulted. Did $36,000 water damage to their home as well as damage to their custom hot rod Camero. Client sued for the full amount and it was in court for 3 years claiming faulty insulation. Client finally let go as the Natural Gas service had a service disruption and caused the furnace to not operate. Homeowners did not maintain the home properly by not shutting off the water before they left. Had the Limited Warranty been in effect the insurance company would have never entered into a lawsuit with the Contractor.
(Covered on Page 72 & 83 of Home Owners Manual)

Client was not satisfied with finish on the clear maple hardwood floor as there were a few minor flaws in the finish which were very difficult to see. He went to the CCB and lost. Took the case to two civil courts and lost and now on toward the Supreme Court. He has not yet occupied the home because of the alleged poor floor finish and the home has been completed for three years. The case is still in litigation and possibly seeking for loss of the use of the home. Had the Limited Warranty been in effect litigation would have terminated before any court proceedings.
(Covered on Page 51 of Home Owners Manual and Page 1 and 2 of Limited Warranty)

The same client as mentioned above noticed a dark spot from dried mold on a header in the framing stage of the home. The mold residue was not active but I am sure had we not sanded it off the owner would have us in a lawsuit today for mold issues.
(Covered on Page 93 & 63-65 of Home Owners Manual)

During the walk through the client had noticed a couple of flaws in the dry-wall. We gave them a sheet of those little colored sticky dots from the stationary store and asked that they put one on the areas of concern. Interestingly they called over the weekend and wanted to know if I knew of any stationary stores where they could get some more dots as they could not find any more. Monday morning when we walked in this house there were literally thousands of these dots covering every wall in the house. They said the sizes of the texture were different and wanted them all the same size. Had the Limited Warranty been in effect it would have been an easy explanation.
(Covered on Page 31 of Home Owners Manual)

Client moved into new home and found water damage on the hardwood floor next to the utility room. Claimed the water came from the upstairs bathroom and demanded the contractor repair the damaged floor. It was obvious the washing machine had been sitting on the hardwood floor and water had drained from the hose onto the hardwood.
(Covered on Page 103 of Home Owners Manual)

Client called and demanded roof and interior drywall repair caused from ice damming. The home was eight years old and there was debris from tree leaves, etc in the roof valleys and gutters which caused ice damming. The client did not maintain properly.
(Covered on Page 80 & 82 & 103 of Home Owners Manual)

Sub contractor employee told buyer changes could be made for no cost. Subcontractor does not have authorization to quote prices or make any change orders. Owner insisted the contractor make the change at no cost. Had the Limited Warranty been in effect the contractor would not have had to perform major changes without payment.
(Covered in New Home Construction Guidelines of your Home Owners Manual)

Home inspector hired by owner has a mile long list showing painting not completed under counter tops, additional trim should be applied to exterior siding, a dirty spot on window glass, and no air conditioning (A/C was not part of the sale).  At the time of the home inspection the inspector saw a chipmunk on the roof enjoying the afternoon sun.  Home inspector takes a photo of the chipmunk and makes this notation on the inspection report:  "Provide rodent infestation protection."   Contractor needs to only accept building code deficiencies in home inspections per Limited Warranty.
(Covered on Homeowners Manual Explanation)

Homeowner uses pressure washer to clean all of the cultured stone on the home and leaves streaks on all of the stone which cost thousands to replace. Home Owners Manual explicitly warns against the use of pressure washers.
(Covered on Page 14 of Home Owners Manual)

Homeowner sets coffee on the marble in the master bath on move in day and the marble gets stained. Contractor gets a long three page letter of why he was such an idiot for using marble in a bathroom. The contractor replaced the damaged marble.
(Covered on Page 20 – 22 of Home Owners Manual)

Concrete blankets left a discoloration on concrete slab. Many homeowners have wanted to replace affected areas. Some homeowners finally understood this is an industry standard and have not insisted on replacement of slabs. Have just got lucky on this one with no replacements but now I am covered with the Home Owners Manual for the next time it comes up.
(Covered on Page 23 of Home Owners Manual)

Client complains about the excessive heat above his gas fireplace. Clients will not have to worry about this as they read the Homeowners Manual they will be able to understand that a direct vent gas fireplace will produce approximately 140 to 150 degrees of heat plus the ambient room temperature which can make this area hot to the touch or at about 210 degrees.  Industry standards show this as acceptable. 
(Covered on Page 39 of Home Owners Manual)

Clients complain of wood colors being different on natural wood cabinets, wood trim and doors. It is common for natural wood to vary in color. We have replaced numerous cabinet doors. If I had the Home Owners Manual the clients would have been more understanding of industry standards.  Wood grain and color variations are what gives natural wood it's beauty and industry standards accept this theory. 
(Covered on Page 14-15 & 67 & 102 & 104 of Home Owners Manual)

Client used tub spout to aid in getting in and out of tub and the spout came loose and homeowner did not tighten or notify contractor in a timely manner whereas it caused a plumbing leak subsequent water damage, dry rot and tile damage in bathroom. Had the Homeowners Manual and Limited Warranty been used the contractor could have saved $2,500 of repairs.
(Covered on Page 69 & 104 of Homeowners Manual and Page 2 of the Limited Warranty)

Client installs a hot tub on his upper deck which has a beautiful view of the mountains and the river below and the deck appeared to be sagging.  Client did not notify contractor of the weight added to the deck. Luckily nobody got hurt or killed! Had the homeowner had this Home Owners Manual he would have read the warnings about putting a hot tub on a deck. The contractor would have also been legally protected by this Home Owners Manual had the deck collapsed.
(Covered on Page 27 & 103 – 104 of Home Owner Manual and Page 2 of the Limited Warranty)

A client slides a water glass across the granite counter-top in his kitchen and the glass bumps the edge of an adjoining tile. Client demands the counter-top be replaced and the surface to be where a glass can be slid across the counter smoothly with no obstructions. The Home Owners Manual explains about lateral displacement with tile.
(Covered on Page 20 - 21 of Home Owner Manual)

Client complains of base not being perfectly tight to floor. All base at hardwood and vinyl areas were within 1/8” of the floor and base shoe was installed to eliminate the gap. The Home Owners Manual tells of the acceptable tolerances of trim.
(Covered on page 102 of Home Owners Manual)

Client used home for a second home. Snow built up in the winter and collected in the valleys and vertical wall protrusions. Thawing and freezing eventually caused the paint to come off of the siding in a few of these areas. Client claimed the paint was defective and insisted the entire home be re-painted. Had the Home Owner Manual been in effect the owner would have been aware of the proper maintenance of his home.
(Covered on Page 1 of Limited Warranty and Page 67 & 80 of Home Owners Manual)

A new home went through the winter without the snow being removed from the exterior decking. The result was discoloration in the decking and a need to re-finish the decking. Removing snow from exterior decking is a maintenance requirement.
(Covered on Page 28 of Home Owners Manual)

Water lines froze during cold weather in a new home. Found the owner had not closed the crawl space vents which caused cold air to freeze the water lines. Contractor superheated the crawl space and thawed out pipes and closed vents.
(Covered on Page 27 & 97 of Homeowners Manual)

These are just some of the HORROR STORIES which I have personally experienced. Had I had the Limited Warranty along with the Homeowners Guide I would have not been liable for any of these Nightmares. Can you add to the list?

Constructively,

Gary N Laursen

 

CONTACT

Gary Laursen
61070 SW Snowbrush Drive
Bend, Oregon 97702
541-410-4800

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