Houston Chronicle
NEW AREA OF REGULATION
Getting it in writing
Texas has put in place standards for home construction, but builders and consumer activists disagree on their fairness
By PURVA PATEL
Jan. 25, 2005 
First it cracked. Then it buckled. Finally the kitchen tile in Debbie and Rick Gannaway's Katy home popped off the floor.

But their builder, Houston-based Trendmaker Homes, won't fix it because their one-year warranty on workmanship and materials has expired.

"You think it's normal we should refloor the whole kitchen every few years?" Rick Gannaway said, adding that he believes the warranty should cover the floor because it was installed improperly.

Until now, Texas hasn't regulated warranty periods or building standards, which could vary from builder to builder. The Texas Residential Construction Commission hopes to curb disputes like the Gannaways' with warranty and building standards approved this month.

They will let consumers know what to expect, at the very least, when buying new homes. Although the commission set minimum standards, consumer advocates worry that the state agency didn't go far enough to protect homeowners.

The rules will apply starting June 1 to builders and remodelers whose work exceeds $20,000 or changes the size of the home's living space.

John Cobarruvias, of the Houston chapter of Homeowners Against Deficient Dwellings, notes that the standards allow for cracks in the walls, in the foundation and exterior of the home. Because of the low standards, shoddy builders could use the warranty standards as an excuse for poor construction instead of a guarantee of quality work, he said.

"Common sense has gone out the door," Cobarruvias said. "They're putting it in writing to tell you how screwed you are, so at least you'll know. But they're trying to get the lowest common denominator of standards in there."

Previously, homeowners could at least go before a jury or arbitrator with an implied warranty to determine if the workmanship on a home was reasonable. Now they have written standards. But they are so low, they offer little protection, he said.

The new standards, for example, allow for cracks of up to 1/32 of an inch in drywall and cracks of up to 1/8 of an inch in siding for one year.

Mark Eberwine, a home inspector from San Antonio, said a home should not have any cracks in the first year.

"It doesn't matter how long it is, under these standards it can have 1,000 cracks and the builder doesn't have to repair it," he said. "I'm not exaggerating. If they're going to be absurd and regulate how big a crack can be, why not say how many cracks there can be?"

The commission says the standards could use some tweaking, Executive Director Stephen Thomas said.

"I will agree that we still want to improve these performance standards, but we still want to get all the builders up to a specific quality," he said.

The commission also had to consider that setting standards too high could make homes unaffordable, he said, adding that the standards are "significant improvements on nothing."

A trade group for builders, which lobbied for the creation of the commission, thinks the standards are strong enough.

Kristi Sutterfield, executive director of the Texas Association of Builders, notes that before late 2003, builders in unincorporated areas didn't have to follow the building standards adopted by most municipalities.

Now all builders in Texas must meet the same code, and starting June 1, build homes that meet the same post-construction standards.

The rules won't change the Gannaways' plight because they won't apply retroactively. But the couple hopes more consumers will read their warranties and report problems to the builder, in writing, as soon as they arise, even if they are within the standards.

Trendmaker did offer to supply the Gannaways with new tile at wholesale prices and refer them to a low-cost contractor, but the couple insists the builder should make the repairs because hidden defects caused the problem.

"It's their opinion the tile shouldn't have come off the floor in five years. While it's understandable, it's just not in the warranty. We have a fiduciary responsibility to our shareholders and homeowners to honor the warranty provided," said Will Holden, executive vice president of Trendmaker Homes. "They just don't like the coverage provided in the warranty."
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