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Author Topic: poorly built by pulte  (Read 1977 times)
Susan Sabin
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« on: January 28, 2008, 11:03:36 am »

People are getting tired of living in defective pulte houses.

http://www.poorlybuiltbypulte.info/
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Dale McNutt
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« Reply #1 on: March 24, 2008, 02:30:23 pm »

Susan,

As a professional property inspector, construction defects consultant and California General Contractor, I can tell you that photos don't lie. The key to any builder's success is the quality of the supervision. If Pulte or any other builder loses control of their sub contractors, the results can be devastating. There must be a clear chain of command on any building project, large or small. Accountability is the key word here.

When I got into construction in the late 60's, residences were built entirely different than they are today. It was not uncommon for a few journeymen, a foreman and an apprentice to team up on the construction of a building. These were usually skilled tradesmen (often union members) that were typically payed hourly with benefits.  Sure, there were subs, but the "crew" was always present and handled a wide range of tasks from the foundation to the installation of finish. Obviously, we are now 40 years into the future and my, how things have changed. The "crew" has been replaced by the guy in the trailer. The subs are comprised of "specialists". The specialists are now "pieceworkers". These pieceworkers are usually paid cash or they get a 1099 form at the end of the year like any sub contractor would. The pieceworkers are usually proficient in just one skill. So much per sheet, box, square, foot, pallet, etc. Let me give you one glowing example.

In the Southwest, concrete tile roofs have taken over as the roof-of-choice. Like construction itself, the tile roof systems have evolved with important changes and refinements. The Tile Roof Institute and the manufacturers have done a great job of offering information, training and technical assistance. The sub contractors have done an equally great job of ignoring much of what is offered and are repeatedly making the same errors and omissions in their work. While it is pretty easy to install concrete tile on a single-story gable roof with no dormers or valleys, it can be a real difficult task for a skill-challenged roofer to make money piece-working a large, multi-story, high end "Mc Mansion". Most often, if the roof looks good from the street and doesn't leak, (right now) it's considered acceptable. Professional visual inspection of the tile roof system usually shows otherwise. Unskilled workers have trouble when it's time to cut-and-fit. They have trouble when multiple valley and sidewall flashing conditions merge in the typical high-end architecture. The painful truth is that probably the only guy that ever got up on a ladder and closely observed the components and applications of the concrete tile roof system was the inspector you hired.

Production building is a game of percentages. Success in the builder's eyes is fewer "call backs". They have resigned themselves to expect "many", but holding the number down with little time spent "babysitting" the buyer is success in their book. The home buyer's best first-step in determining the true condition of their new building is to have it professionally inspected. A competent inspector can carefully document any and all visible defects and "reportable conditions". Photography is indispensable in this documentation. Once the facts are gathered in the form of a report, the new-home owner can then notify the builder, in writing, of each issue raised. It is important that the homeowner obtain an official, written response to the issues. This response should be on the builder's company letterhead with their state contractor's license number. Setting up a paper trail is vital during the discovery process.

Having performed many such inspections, I can tell you that professionals in my position are usually the "odd man out" when matched with builders and jurisdictional inspectors. Unfortunately, many builders and local building departments have formed strange alliances that often shun homeowners and their own inspectors. The builders still hide behind the "OK" of the local building department. The local building department will be quick to remind the homeowner that they are not legally culpable to identify improper construction. The state contractor's laws all state that the builder is responsible for building correctly. Period. When you get right down to it, the builder is highly motivated to complete the project as fast as possible. Likewise for the local jurisdiction. The building department is located in the same area that receives the taxes for the improved property. The faster the building is occupied, the faster the taxes roll in.

Here are some facts that may apply to you:

1. Many production tract homes were sold before ground is even broken.
2. Many couples both work and don't pay much attention until something goes wrong or a neighbor shares stories.
3. Decreasing home values anger homeowners. It is much easier to ignore technical issues in a hot resale market. I can tell of many first hand accounts of glaring defects that went ignored because of the situation. "If I don't buy it with it's faults, somebody else will." Or the seller reminding a potential buyer; "If you don't want it, there are five others that do".
4. There may be mistakes and defects, but no "problems". This is explained by the old saying, "no harm, no foul". I have pictures of multiple manufactured roof trusses cut in half in an attic. The roof didn't fall in. The drywall didn't crack. The building didn't shift. But the "fix" to repair the damaged trusses once they were discovered was very expensive. On a similar line of reasoning, many roofing contractors look at leakage as success or failure. Sad.

It is what it is. As most of you have found out, you are not alone with your new building headaches. Fortunately, more and more help is on the way. Keep checking http://www.poorlybuiltbypulte.info/homeownersites.asp and this website for the latest info. And, get your home professionally inspected.

Dale McNutt
www.integrity-inspect.com
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Susan Sabin
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« Reply #2 on: March 25, 2008, 08:09:57 am »

Dale.  Thank you for taking the time to write such an eloquent response. I truly appreciate it.

Yes, I did purchase the house before the ground was broken. However, I inspected the ground.  I was  not told that the ground was to be changed as it was.  I complained about the way the land was graded from day one. The builder kept telling me there was nothing wrong. I had the city inspector come out time and time again and he told me it was correct.  I lived on 20 acres and know exactly what happens when the lay of the land is not conducive to water flow.  I have since found out in the last two months that a drain should have been installed between my house and the one behind me.  I have found out that not only do I have water under my house, I get all of the water run off from the three houses surrounding me and the entire water flow run off from the street behind me!  No wonder my sump pump runs continuously.

I visited the house at least twice a week.  I wouldn't tell them when I was coming, which they informed me they wanted to know. (yeah right) I was fortunate that the house I had lived in was a custom build and my ex husband and I were the contractors. I learned a lot.  Although I am not an expert, I know how things are suppose to be done.  I had a lot of arguments with the superintendent about framing, what I know is bad wood, etc.  Some I won, and some I did not.  I did get them to move the fireplace (gas) 16".  I knew that it was in the wrong place and only after a lot of heated arguments, and going from house to house could I prove it was wrong.  The superintendent called it a plan bust?

I did have my house inspected before I moved in.  I didn't think at that time I needed a structural engineer because it was a brand new house.  The inspector found nothing out of the ordinary.  In his defense I don't think he could have foreseen what was to happen.  It was not evident at the time. Of course he was bamboozled into believing this builder was the best in Kansas City and went on and on about how great they were.  I do know he had no affiliation with the company.  When I had my first structural engineer report completed, I called the housing inspector and he came out, free of course. He read the report, looked at the damage and advised me to get a lawyer. 

I have since had many structural and architectural engineers look  at the house, foundation specialists, and numerous other specialists. The bottom line is that my house is 'toast'. The damage continues to escalate and to sit in the house while there are high winds and listening to the cracks and creaks, like last night is down right scary.

No one wants to take responsiblity, not even the warranty company. I have done my part however unless, like I have posted on my web site I sign a blank piece of paper, the builder will not give me a statement of work to conduct repairs. Only an idiot would sign a blank paper, they could put whatever they wished on it.  It is really a sad state of affairs when you have to go into a transaction doubting everyone from the sales person to the site super to the builder themselves. I will never trust any person that has anything to do with real estate property, including lenders.  I suppose I was being naive, and I have learned a lesson.

I am glad though that people are finally standing up and telling the builders they have had enough of their shoddy construction.  I don't think expecting to receive what you paid for is asking too much. - a safe house built well to turn into a home.  It would be nice to have a home, but this house will always be just that, a house. 
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Dale McNutt
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« Reply #3 on: March 25, 2008, 07:07:54 pm »

Susan,
The big question is, "where do we go from here"? I don't know everything, but what I do know is that the builders are responsible. Opportunism and righteous indignation seem to direct where the adverse publicity will end up. Eventually, the builders must give an account for their actions. That is where a competent, professional, property inspector must step in. Once the condition of the property is documented, let the letter writing begin. Letters will create a paper trail that is so vital in the discovery process. Get the organizers to acknowledge the letters and their significance.
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Susan Sabin
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« Reply #4 on: March 25, 2008, 09:34:50 pm »

Dale.  I have been letter writing to everyone you can imagine since October 2006. The state attorney general (still on going), FBI, HUD (have mortgage issues too with their in-house mortgage company), state insurance commission, watch dog groups, senators, congressmen, state senators and congressmen, governors, contractor licensing boards, professional boards, the builder warranty service et al.  My web page documents quite nicely in addition to the 13 1/2 pounds of email and letter traffic dating from 1 January 06 (I signed the contract 7 Jan 06) I sent to the atty general and other agencies (not wishing to elaborate here at this time). I keep everything. I think it is something I learned from my profession.  documentation, words, physical tests do not lie. My house is toast. I can't wait for the spring rains. The roof already leaks and I can't wait for the mold.
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Ray Koenig
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« Reply #5 on: April 08, 2008, 02:47:13 pm »

My story of poorly built by Pulte is in http://peretired.blogspot.com/.

Like Dale, I began my career in the late 60s--1968, to be exact. I spent 35+ years in civil engineering. If there's one thing that my story (http://peretired.blogspot.com/) shows it's that Pulte doesn't know the meaning of quality control. They decide to substitute two 16d nails for hurricane clips in roof truss-to-roof truss connections, and then don't even check to insure that there are two nails in each connection--which there weren't in many, many houses.

Dale, take a look at the "roof leak" discussion. That's my roof. There are many, many others like it with the roofing paper cut and nails driven in the valley. And, how about that retaining wall?

I would have never believed it if it hadn't happened to me. If I had just three words to describe Pulte Homes, those words would be: DISHONEST, RECKLESS, ARROGANT.
« Last Edit: April 09, 2008, 04:19:22 am by Ray Koenig » Logged

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Jane Doe
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« Reply #6 on: October 09, 2008, 03:33:42 pm »

Here's a NC story, Pulte house and driveway built on railroad ties: http://www.wral.com/5onyourside/story/3697205/ 
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Ray Koenig
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« Reply #7 on: October 10, 2008, 06:52:15 am »

incredible!

read the story; WATCH THE VIDEO!

more shoddy construction by dishonest, reckless. and arrogant Pulte Homes.
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Ray Koenig
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« Reply #8 on: October 27, 2008, 06:58:09 am »

http://www.kasdansimonds.com/about/news_article01.php

Anthem Homeowners pursue class action lawsuit against Pulte, Arizona American Water Company, alleging they hid $100 million of water infrastructure costs, now forced to be paid by homeowners

ANTHEM, AZ – Homeowners in the Anthem community in Maricopa County, north of Phoenix, upset over a substantial increase in their water bills that they claim was hidden from them when they purchased their homes, have brought a class action lawsuit against Del Webb/Pulte, and Arizona American Water Company.

The lawsuit, filed under Arizona’s Consumer Fraud statutes, alleges that the defendants failed to disclose that the cost of the water and wastewater infrastructure developed to serve the community was excluded from each home’s price in order to keep prices low.

The homeowner plaintiffs, represented by Kasdan Simonds Riley & Vaughan, LLP, allege in the lawsuit recently filed in Maricopa County Superior Court that Arizona American is now requesting substantial rate hikes to repay hidden infrastructure obligations that it owes to Del Webb/Pulte; the homeowners are seeking damages equal to the repayment costs, or approximately $100 million.

“Del Webb/Pulte and Arizona American agreed to artificially set the initial water rates at Anthem at approximately $70 per home so as not to shock potential purchasers with the true cost of supplying water to the homes,” explained Sr. Partner Ken Kasdan of the Kasdan Simonds Riley & Vaughan law firm. He said the total infrastructure costs exceeded $150 million.

Specifically, the lawsuit alleges that “ . . . Defendants failed to properly disclose to Anthem home purchasers the existence of the Agreement and the fact that home purchasers would bear the cost of the loan repayment to Del Webb/Pulte through future rate hikes instead of having the infrastructure costs of the Water Facilities be included within the cost of homes.” Kasdan noted, “The bottom line is, Del Webb/Pulte concealed the true cost of the homes from the homeowners.”

Arizona American recently applied for and obtained the first of several anticipated rate increases, Kasdan said. The rate increase applies primarily to the “base rate” and not to the gallons used by the individual homeowners. Arizona American sought an annual increase of $18,720,193 in their 2007-08 rate increase application.

According to the lawsuit, Del Webb/Pulte and Arizona American entered into a private agreement on September 29, 1997, under which Del Webb/Pulte and Arizona American would construct water and wastewater infrastructure for the Anthem project. Under the agreement, which was never disclosed to the Anthem homeowners, Del Webb/Pulte advanced the costs of the infrastructure to Arizona American, with the monies being repaid after the build out of homes at Anthem. The undisclosed plan called for the homeowners to fund the repayments through increased water rates.

The lawsuit alleges that the Arizona Subdivision and Public Reporting statutes require a developer to disclose to potential homebuyers whether the cost of water infrastructure needed to provide water to the home is included in the price of the home. Kasdan said that in its Public Report, Del Webb/Pulte falsely disclosed to some early purchasers at Anthem that the cost of the water infrastructure was included in the purchase price of the home. For later purchasers, Del Webb/Pulte made no disclosure at all.

Kasdan said the build out at Anthem is now approaching completion with about 10,500 homes, and Arizona American must now repay its debt to Del Webb/Pulte. “The exact amount of the obligation is unknown to the homeowners at this time, but is believed to exceed $100 million,” he said.

Del Webb/Pulte has maintained and continues to maintain that the disclosures or lack thereof of the cost of the infrastructure has nothing to do with the current Arizona American utility rate case. Del Webb/Pulte has stated to Anthem homeowners: “Please be assured that the developer of Anthem followed Arizona Department of Real Estate (DRE) disclosure requirements regarding water and services.”

However, Arizona American cites the cost of the infrastructure and the repayment obligation to Del Webb/Pulte in its rate increase application. The application also reports that Del Webb/Pulte and Arizona American “developed a methodology that provided for reasonable, but high initial rates, followed by a series of rate increases as the number of homes sold increased.”

At the June 4, 2008, Special Open Meeting before the Arizona Corporation Commission regarding the requested rate increase, Commissioner Kristin Mayes stated:

“This rate increase is patently unfair. It asks current customers to pay a bill they didn’t know was coming, didn’t have a chance to protest and didn’t have an opportunity to prepare for . . . . I would add that there is no evidence that any utility in the State of Arizona has ever been financed in such a patently unfair way to consumers.

“And I think it is important to note that by leaving the [repayments] in the rate base, we are subjecting, we are forever allowing them to be in the rate base and subjecting all future ratepayers to paying for those unfair costs. . . . . This is an extraordinary case. Never before has this commission approved such a large rate increase on such flawed circumstances.”

Also see http://www.hadd.com/respond.php, http://www.poorlybuiltbypulte.info/, http://www.suncityblufftonhomedefectclaims.com/index.asp, and http://peretired.blogspot.com/.

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Ray Koenig
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« Reply #9 on: October 31, 2008, 05:13:50 am »

Contrary to their claim as “mater builder”, some of Pulte’s construction looks like it came from someone who doesn’t know what they’re doing and are doing it for the first time. Stucco not mixed and applied properly. Roof truss connections with no nails, one nail, nails that miss their target, protruding nails, split wood, etc. Roofing paper cut and nails driven in a valley that result in leaks. Lagoons without embankments.

Lagoons (or stormwater detention (or treatment) ponds, as they are called in the rest of the world) are supposed to be SELF-CONTAINED. That is, stormwater runoff coming into them is supposed to be CONTROLLED (primarily through pipes), and water going out of them is supposed to be CONTROLLED through pipes or spillways in embankments. Only stormwater runoff from new construction enters and leaves CONTROLLED ponds.

Ponds are supposed to have embankments so that they will be SELF-CONTAINED. Section 5.2.4 of the Beaufort County Best Management Practices (for  stormwater runoff) Manual states that an embankment for a wet-detention pond should have a 12" freeboard above water surface elevation determined by a 1 in 100 years storm event. Section 5.2.4 of the Beaufort County BMP Manual also states that the top width for a wet-detention pond embankment should be 15 feet, and the side slopes should be 3H:1V. This prevents "piping" or seepage damage.

But, some of the lagoons here, particularly those that abut woods (wetlands, or former timber areas, if you prefer), were built WITHOUT embankments between the lagoons and the woods. (see the sketch posted at http://mygifimages.blogspot.com/). Hence, these lagoons are UNCONTROLLED. Water is flowing into them that shouldn’t be.

Basically, these lagoons without embankments are holes in the ground. The controlling elevation for the water surface elevation in the lagoons is NOT an outflow pipe or a rip rap spillway in an embankment, but rather the undisturbed ground in the woods at the edge of the excavation. (In some cases it appears that rip rap was placed on undisturbed ground on the rim of the hole, but THERE IS NO EMBANKMENT.)

As a result of having no embankment, water spills out of the hole into the adjacent woods. And conversely, water from the woods flows into the hole over land and through unplugged logging drainage ditches.  Not only are lagoons unable to hold the water that they’re supposed to (because they aren’t SELF-CONTAINED AND CONTROLLED, and water flows into and out of the holes in an uncontrolled fashion), but also water is coming into the lagoons that isn’t supposed to be.

And many lagoons are loaded with silt—imagine that! Having uncontrolled runoff coming into them from the woods doesn’t help that.  Put lagoons in the same category as stucco, roof truss connections, leaking roofs, cracked foundations, and who knows what else: FUBAR (an old Navy term). http://peretired.blogspot.com/

Where was Pulte, Beaufort County, and DHEC when these lagoons were being built? Where are they and the Property and Grounds Committee now?

Master builder? I don’t think so.
« Last Edit: October 31, 2008, 10:14:20 am by Ray Koenig » Logged

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Ray Koenig
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« Reply #10 on: November 23, 2008, 04:47:41 am »

http://www.islandpacket.com/news/local/story/676781.html

Sun City couple awarded $66,000 in faulty stucco case
By MICHAEL WELLES SHAPIRO
mshapiro@islandpacket.com
843-706-8142
Published Saturday, November 22, 2008

A court-appointed arbitrator awarded a Sun City Hilton Head couple $66,000 earlier this month from the community's developer, Del Webb, due to improperly installed stucco on the couple's home. Del Webb is a subsidiary of Pulte Homes.

The judgment, issued Nov. 12, also states that legal costs incurred by the couple, Mary and Joe Oros, must be paid by the developer.
"This represents a total victory for the homeowners," said their attorney, Charleston-based John Chakeris, who has filed about 100 more lawsuits related to Sun City stucco issues.

However, Pulte spokesman Jon Cherry called stucco defects on the Oros home an isolated instance. He pointed out that a judge declined in April to hear Sun City stucco cases collectively as a class action suit.

In a letter to residents after the arbitrator's judgment, Cherry wrote that Pulte surveyed more than 2,500 homes to see if there was a pattern of cracked stucco.

"The survey determined that there are no widespread deficiencies in the stucco applications," he wrote.

But Chakeris told Sun City residents in another letter that homeowners with stucco problems who don't take legal action within three years of finding out about them could lose their right to collect damages.

Cherry responded, warning Sun City homeowners of "attorneys and their tactics as they try to create an atmosphere that encourages lawsuits ... with stories of their many and substantial victories."

Cherry also warned that a plethora of stucco suits could have the effect of negatively "impacting resale property values in Sun City Hilton Head."
He also stressed Pulte's reputation as a reputable builder.

"Pulte Homes/Del Webb takes pride in our reputation in the building industry and our track record of building high quality homes," Cherry stated.

Chakeris, however, still was celebrating what he said would be the first of many legal victories. "I'm sure the Pulte people aren't very happy, but they made their bed and now they have to sleep in it."
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