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Builder trying to pass along cost to meet code???

8 years ago

Just another vent with my builder on here.. I can't imagine this should be my problem, but as always, I appreciate input from others to see if I am going over board.. So as I mentioned in a previous post, my builder decided that on the first floor he was going to run the HVAC vents inside the cavity of exterior walls.. There are approximately 7 bays in exterior walls which he ran the HVAC duct work from the basement.. The duct work and vents (hi/lo setup) were installed inside the walls and not on ceiling and/or floor.. I was never consulted on this and even questioned if it would be ok in outside walls after I visited the site and found everything already installed.. I was even concerned due to reading that you have to be cautious when using exterior walls due to possible condensation forming with the ductwork.. At this point I was reassured it was fine and they do it all the time with not problems.. Anyway, the building inspector came to the site to conduct a check and failed them due to the HVAC ducts.. We have 2x6 framing and the inspector said that there is insufficient space for the insulation to meet code.. We are doing batt insulation.. So the builder spoke with the architect and together ran the numbers and found that if they wrap the ducts in a reflective insulation and then spray foam each cavity that there is duct work they will meet energy code.. So I just get an email from the builder stating this and then he goes on to request if this is ok and if so he will get me a price to spray foam the 7 cavities which are 9ft high.. Our contract clearly specifies that the house will be built to meet all building codes and energy codes/calculations.. Am I wrong in thinking the builder should cover any cost to meet these codes? Especially being that I was never consulted on the HVAC setup but rather found out when I showed up at site.. I mean i understand that they probably ran the HVAC setup the easiest way to work with the way the house was built, but I just can't imagine that this is even ethical in that they pass along additional cost to meet code.. I could understand if I or the inspector was asking for anything above and beyond code..

Anyway, just needed a quick vent and would like to hear feedback.. I am going to assume that the 7 bays should not cost much to spray foam but still its an added cost that is only there because of something the builder did..

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