Litigation? I don't think you want to litigate over this, do you want to buy a house being buikt by a guy you're suing?

There's no point in going there...I assume you haven't purchase anything and won't close on either the house or land until the home is complete, correct?

Just tell the builder in no uncertain terms you expect the work on the inspection report to be done (or satisfactorily explain to you why it's not necessary) or you'll cancel the contract. How significant is the work? Are you willing to walk away?

Buy something else. You're buying a production house and wanting to treat is like it's custom. That will only frustrate you and the builder. He owns it and is building it right up until he turns things over to you after closing, so he can technically do any darn thing that he wants as long as it passes the building inspectors. That doesn't include passing your quality control inspection. Your report means nothing to him. He will move on and sell to the next person if you prove to be too difficult.

I repeat. Buy something else. Or else resign yourself to completely remodelilng a brand new home after he's done and before you move in.

you'll cancel the contract.

A contract cannot be cancelled unilaterally unless there are provisions for doing so. Otherwise, it wouldn't be a contract.

If it's a spec house on the builder's lot, the only inspection that may matter is the final one. And depending on your jurisdiction and agreement with the builder, your remedies will not likely include "It doesn't meet my standards. Goodbye."

How is quality control addressed in the contract? Are there drawing and specifications referenced in the contract and do you have them?

Even for a spec house a construction contract should describe what you will get for the contract price or it wouldn't be a contract.

My contract required satisfactory inspection...so if there is no good faith effort to fix the issues there is simply no way the builder will sue to enforce the contract and end up tieing up the property while the legal issue is resolved almost certainly against him.

This is an easy situation to walk away from. It gets trickier when you've spent a bunch of money upfrint on upgrades or custom build out that are harder to market...but even then the last the the builder wants is a law suit over the property and an uncertain outcome.

how deep into the project are you?
will you lose money if you walk away?

I think live wire oak hit the nail on the head
"Buy something else. You're buying a production house and wanting to treat is like it's custom. "

its a spec house. builder owns it and has
his own agenda. he isn't going to change
his schedule to satisfy yours.

bes of luck.

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This post was edited by balor123 on Tue, Feb 4, 14 at 15:10

I feel bad for the other 29 home buyers because the majority will never notice the problems with flashing stucco, etc. There will probably be a neighborhood lawsuit in 10 years time when everyone is having major structural problems. Why buy here, when you know the whole development will be of inferior quality and the value of your home will suffer?

With a home in high demand, the builder would probably let you cancel your contract and walk away. He may even be able to sell it for more. So, if you can't get the issues addressed, walk---no RUN away. Or if you can't get out of the contract, plan to sell ASAP before any problems start really showing up. You'll still be required to inform any future buyers about any known defects, but without any moisture infiltration showing up yet, the infill location might be more of a draw than the potential problems of the construction.

Hmm . . . very interesting and difficult situation. And good that you caught it. I'm not sure about either of your proposed solutions. The first is frustrating for having to pay for what you should get anyway. And the second is too indirect to count on anything to happen. You would accomplish the same thing by sending a detailed letter and the inspection by certified mail, I would imagine. Which is really just saying "I'm really really serious about wanting these changes." So not really much leverage there.

There may be safety in numbers if others are also upset.

Just curious, if you don't mind sharing, where in Austin?

Take photos of everything or better yet have your inspector do it with a date stamp on them and a written report verifying where and when it was taken.

Weather proofing is the most important issue so post the flashing photos here. The local building inspector might intervene if the errors are bad enough although most building codes are pretty vague about weather protection. But anyone knows water runs downhill and that any weather protection element must lap over the element below it.

Verified photos change the issue for the builder because they can no longer pretend what is unseen is acceptable.

Does the original proposal say anything about weather protection or even code compliance?

I have a feeling I know the development you're talking about and if so, I can tell you to date the builders have been extremely conscientious about quality. That particular project is under something of a microscope and none of the builders are bad builders by any means.

Down the road, there were some town houses with a stucco problem, they've spent the better part of a year working out the issue and seem to be making progress now.

Might want to look up the community forum site and search under the builder's name to see if anything like this has been a problem.

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This post was edited by balor123 on Tue, Feb 4, 14 at 15:11

Hmm. . .well if it's the place that I'm thinking of all the builders currently building homes there are pretty experienced at this sort of thing. If it's not the place I'm thinking of - I really want to know where it is as there aren't too many high-demand infill projects like you describe going on right now.

But - assuming we are talking about the same neighborhood, and since you haven't named it, I'll just say if you google the name of the neighborhood and forum you should be directed to the discussion page. There is a builder specific information section and you might be able to search under it to see if anyone has had similar issues.

BTW - its a pretty great neighborhood and only going to get better. Might want to see if you can work it out as you are right - not too many options in Austin right now for people who want central and new - but not spend a fortune.

"Even for a spec house a construction contract should describe what you will get for the contract price or it wouldn't be a contract."

"Like and similar to [an model house address, or other legal identification of the builders model house]," and "In conformance with all applicable codes" are common phrase in builder contracts.

Exactly WHAT is incorrect?

This post was edited by brickeyee on Sat, Jan 26, 13 at 15:55

If there's a problem with the Stucco I'd make sure you get it fixed. Stucco houses in our neighborhood have been consistently having to be completely redone about 12 - 15 years after being built. Not just the exterior stucco, but sheathing, insulation, interior drywall in some cases. Many have had extensive mold problems and also had to replace windows. These are houses that were over $400k in the early 90's, so generally not considered cheap construction.

Many builders had been saying that the problems had been resolved (primarily the way they were doing the window flashing) but recently some newer houses have begun having problems.

"If there's a problem with the Stucco..."

The synthetic stucco has had problems for many years, mostly related to it being used as a drainage plane.

Being waterproof itself means any moisture that gets behind it must escape to the inside of the structure and rot is the common problem.

The old cement based product was not used as a drainage plane, and any water that got behind it could wick outwards.

What is the problem and how is the inspection clause worded?

The AHJ is not there to provide QA, just that the structure meets the minimum standards of the building code.

This post was edited by brickeyee on Sat, Jan 26, 13 at 18:58

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This post was edited by balor123 on Tue, Feb 4, 14 at 15:12

What kind of stucco is it? How is it being applied and finished?

There's two major stucco categories, and each behaves very differently when moisture and water is involved:
--Traditional cement-plaster;
--Synthetic plaster, such as Dry-Vit,or equal

There's a lot of information on the problems and solutions encountered with the application and durability of artificial plaster, resulting from the many legal actions due to the failures of 10 years or more ago.

An experienced stucco restoration contractor would be one good option at this point. There are a variety of these firms that specialize in correcting problematic stucco applications.

Good luck with your project.

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This post was edited by balor123 on Tue, Feb 4, 14 at 15:13