CASE STUDIES
RESIDENTIAL CONSTRUCTION PROBLEMS IN TEXAS

[highlights added]

 Sandee Bradshaw (Hutto, TX)

Expansive Soil-- " As a result of our home being built on expansive soil, we have shifting of the foundation resulting in cracks in the walls and ceilings, sticking doors, a falling down fence, electrical problems, a wavy roof and mold...  It is time that homeowners are protected from shoddy built homes and builders are penalized if they don't build it right the first time!"

Eliza & Bob Bushn (Dripping Springs, Texas)

Defects Appear Too Late -- Eliza and Bob bought a beautiful home to retire in but had to tear it down. The TRCC could not force the careless builder to repair their shoddy work, so the Bushns lost over $750,000.

Connie & Bobby Covington (Pleasanton, Texas)

A Natural Habitat? -- The home that Connie and Bobby built as a retirement home was defective from the start, but the couple felt pressure to close. The TRCC inspectors determined that it had defective design, framing and foundation, but they lacked the authority to force the builder to fix it. Now the house is so dangerous that scorpions and snakes live in the walls, and the Covingtons had to move out of their own home.

Lou McCreary (Austin, Texas board certified attorney)

Lou specializes in civil trial law and has extensive experience representing homeowners. He submitted the following six case studies.

CASE 1 -- Contractor defaults in construction of single family residence; despite building code and contract  requirement of furnishing liability insurance, Contractor files false certificate of insurance; Contractor judgment-proof; no recovery from Contractor. Roof trusses furnished defective; entire structure so defective must be torn down.

CASE 2 -- Foundation cracks existing at time ownership of new home transferred but hidden by construction debris; foundation not built to withstand forces of expansive clay soils throughout subdivision; homeowners forced to sue Contractor.

CASE 3 -- Foundation cracks and drainage problems; homeowner follows SIRP process at great expense; no enforceable order to require Contractor to repurchase home or recover loss of value.

CASE 4 -- Remodeler performs structural work without engineering expertise; “estimates” size of needed beam supports; beam supports incorrect size; owners incur over $100,000.00 in cost of repairs to remove and rebuild; remodeler has no insurance and owners forced to accept insufficient settlement.

CASE 5 -- Unqualified remodeler performs shoddy work, adds upper room with[out] any engineering approval; upper room must be torn down; same salesman who “sold” the job responsible for adding the room and inspecting; remodeler tells owners no building permit required; no inspection until after work found defective.

CASE 6 -- Homeowner follows SIRP; inspector does cursory inspection; finds against homeowner; homeowner appeals inspection report in March, 2008; appeal still pending in August, 2008; owner cannot move case forward without final ruling from TRCC.

Alice & Bob Phipps (Brookeland, Texas)

Retirement Delayed -- Alice and Bob planned to building a modest home to retire and grow old in. But instead, they were deceived by their builder and lenders, and ended up almost half-million dollars in debt. They now live in a sub-par home, with so many serious defects that there's no way to correct them. The TRCC was powerless to help, and the litigation is still pending.

Cheryl Sparks Rea (Hutto, Texas)

Fraudulent HUD forms -- The builder got government loans based on fraudulent HUD forms and failed to disclose the expansive clay soils that have since caused problems with the foundation and other structural elements. To compound her problem, the City of Hutto destroyed inspection records, and the TRCC process only added frustration and time while being unable to force a resolution. No attorney will take a case like this, where the regulatory cards are stacked in favor of the builder.

Your Example Here

Do you have a home building horror story to share? Please send us a description of your experience with the builder, TRCC or others that show problems with the current homebuilding industry. Include photos if possible.