July 31, 2006, my dear husband Jon and I said “I do.” Before we got married, Jon had purchased 20 acres of land situated 2 miles down the road from his new orthopedic practice and the beautiful new 75-bed hospital he, as one of the hospital’s four founding physicians, had just helped to open. Our new home site was virgin and scruffy – but we had a vision of a peaceful tree-lined country lane winding past a field of wild flowers and near a horseshoe shaped pond with a Victorian gazebo sitting on the end of the peninsula, then continuing across a bridge which would serve as a dam to small lake on one side and a babbling brooke on the other which would flow down to a third pond which would be the focal point of our Japanese garden. Once across the dam, the lane would curve around to the “jewel” of our happily-ever-after setting…the house. The house had to be a homey kind of home with big porches for family gatherings, tall enough to reflect in the lake it would be built next to. For months, Jon and I painstakingly poured over picture after picture and webpage after webpage of home plans looking for just the right home to fit the bill. We settled on a plan by the award-winning architect Dan Sater, a Queen-Anne style, Victorian home that boasted a turret, a gazebo on the front porch and white gingerbreaded railing and trim setting off the southern style wrap-around porches from dreamhomesource.com. Our houseTo the architect’s plan we added a three-car garage (instead of two) and a finished basement which gave us 4700 sq feet of indoor living space (4 bedroom 4.5 bathroom, domed foyer with free-standing winding staircase, great room, library, eat-in gourmet kitchen, butlers pantry, formal dining, and in the basement a home theater, wet bar, game room for our pool table, and home gym. The wrap around porches and upper balcony added an additional 1200 feet of outdoor living space. A “friend” (I now use that term loosely) who worked at a local real estate office highly recommended a local “building contractor” (I use that term loosely as well) and set up a meeting. We negotiated a finished price of $720,000.00 which was to include the price we had paid for the 20 acres, the house, an outdoor kitchen, the construction of a negative edge swimming pool with a diving board and electric cover, a 20x40 outbuilding, the preparation and grading of the 20 acres, the construction of the two ponds and the brooke, the dam and a road leading to the house, a gazebo overlooking one of the ponds, double iron estate gates and fencing. They gave us a completion date April 1, 2007. On August 28, 2006 giddy with excitement, Jon and I signed our newly married signatures to the bottom line. Then we went to dinner to celebrate and fantasize about what life would be like, nine months down the road, when we would moved our newly combined family of five into our dream home. The following day we took out our own construction loan at our bank. We stepped out of the bank and straight into a nightmare.

Our first clue of what was to come was when the builders didn’t break ground until the end of October. "We had to get permits" they told us. (Permits take two months??) The construction of the house progressed at a snails pace - weeks and sometimes even months would pass with no construction at all taking place on the house. The contractors were rarely on the property. They would stop by for a few minutes every couple of weeks. By the projected contractual completion date of April 1st, 2007 the framing of the house had not even been completed.

Another 10 months passed and some progress was made but we were concerned with the quality we were seeing. Subflooring was buckled and warped and uneven from rain damage after many months of the house not having a roof. Door frames were crooked, windows weren't symmetrical, interior walls were leaning, the framing at the front of the house was crooked, the copper roofing on the turret was dented and bent, supporting pillars on the front porch hung off the porch into midair, from the stemwall of the front porch having been poured too small. A front bay window that was supposed to have stemwall supporting it hung in midair fromthe stemwall having not been poured at all. The exterior walls of the house jutted out past the stemwall because the stemwall was poured too small.) The garage was supposed to have three stalls and three doors – but again, they poured the garage floor too small and there was only room for a double and single door. They used our foyer coat closet to put the return air duct in. When I complained that I didn’t want to lose my closet, they “fashioned” what was supposed to be a coat closet out of a corner of our powder room. They bid the windows in our house at $10,000.00. The actual price of the windows THEY recommended came in at almost $50,000. To try to save money and get closer to bid, we agreed to allow them to install stationary windows (that don't open) in the main part of the house - but not the bedrooms, bringing the window price to $40,000 (now just a mere 30,000 dollars above bid!) They installed stationary windows in our master bedroom. We pointed out this was incorrect. They never corrected it. Columns on the back lanai were supposed to be round (Victorian style). They built square. The fiberglass columns purchased for the front porch columns which are supposed to be weightbearing are on the front porch are very distinctly marked as “nonweightbearing”. All of the columns are supposed to have spread footings under them and have none thus the upstairs rooms sag as a result, in some cases dropping as much as 4 inches as you walked across the room. The stemwall of the lanai on the back of the house is separating from the stemwall of the main house with a separation of as much as 2 inches in some places. There are large cracks in the cement of the lanai from ground movement.

In January of 2008, Jon stopped by the house on a Saturday morning to find water pouring out of the ceiling in the basement and out of the electric receptacles. The basement had several inches of water standing in it. A subcontractor that had put in the septic system had turned on the water to the house at the meter and forgot to turn it off. Our pipes froze and burst. All three levels of the house had wet sheetrock. In the basement where the water pooled, every wall of sheetrock and insulation was saturated. The sheetrock on the ceilings were wet and falling down. We told the builders they needed to file an insurance claim and replace everything that got wet. They said that wouldn't be necessary, that it would dry. At that point, we hired an inspection company, Pillar to Post, for reassurance that it really would dry and not create a mold issue. Pillar to Post inspection service took moisture tests and found that all sheetrock and insulation in the areas that got wet (which included the entire basement) needed to be replaced. We passed this report to our builder and got no response. Pillar to Post also pointed out other areas of questionable construction which again got no response..

When the house was 60% complete and 11 months past completion date the contractors told us they need an additional $420,000.00 to complete the house. (They had already blown through our entire building budget. This additional amount however would not be enough to cover the price of the pool, landscaping, outbuilding, gazebo, or fencing. (What???) We asked to see the financial records and at first glance identified $20,000.00 they paid out of our construction account to the real estate agent’s private corporation (corporate name created from combining first names of her children). They said it was for “decorating fees”. No decorating had been done! The real estate agent said it was her commission from the builder. Then we found another $43,000.00 that the builder took from our account and put into their account. (It was a "bookkeeping error" they said.) The subcontractor they hired to do the electronics, security and sound came to me asking for a check for $10,000 to place an order for the electronics equipment for the smart house. I didn't think anything about it and wrote him a check from our construction account for the $10,000. He put some wiring in the house and gave our builders some bogus invoices totaling $35,000.00 (!!) which our builder paid. The electronics subcontractor then skipped out. As it turned out, he has a long history of felony charges. He was paid $45,000.00 for, at most, $2000.00 worth of cable. We have now identified at least $108,000.00 paid out of our construction account "in error". Our basement had standing water in it for a month. The construction stopped and was never resumed. We finally fired the contractors, and began taking bids from other contractors. When other contractors saw our home, they were horrified at what they saw. The building was so inadequate that no one wanted to be associated with our house. Incidentally, the house passed the required county inspections. They come under “sovereign immunity”, thus hold no responsibility.

We hired Knox Inspection Service, a well known and well respected structural engineering firm out of Tulsa to find out what needed to be done to complete out house. Their findings and remedy are as follows:

It is now over two years since we began our home, it is a year and a half beyond it’s completion date, it is 60% complete and half of that is defective. We are making payments of $6000.00/month on a home we can’t live in and that only covers interest. It has accumulated over $100,000.00 in interest over the two years since we began. Because it is a construction loan it is at 9% interest. Our permanent financing at a lower interest rate was supposed to have gone into effect a year and a half ago but of course we can’t get permanent financing until the house is complete. We have no choice but to borrow an additional half million dollars (at least) to repair and complete it. In addition we have to fight a lawsuit out of our pocket that will probably take 5 years to settle. The builders are stonewalling us. And now because of the national financial crisis, we’re told that it is impossible to get a jumbo loan and that the loan will have to stay at the local bank…at their higher interest and NONFIXED rate. Can you say MONEYPIT? The builders, by the way, has received all but 5,000.00 of their contractors fees for the construction of our house.

Ironically, HGTV had expressed an interest in doing a story on our home when we began the project on their show “What You Get for the Money.” Brandon Myers, the felon electronics subcontractor put the HGTV deal together to get us to agree to let him make our home a “smart house”, telling us we could get more than the investment of the electronics back in discounts from companies that provide home building supplies in exchange for the exposure they would get by having their products in a home that was featured on HGTV.

I am posting this letter on the HGTV website in hopes that it might spark some interest in STILL doing a show on our home – but in a different way – in an educational way. People who are considering having a home custom built need to know the pitfalls and the devastation that can occur. Jon and I are not stupid people. We both own and operate successful businesses. However, we were busy and we were trusting – and that proved to be our undoing. We have learned since this has happened to us that we are not alone. In fact, there are thousands of people who get taken advantage of everyday from unscrupulous and unskilled contractors and there is not much recourse. We will fight the good fight but from everything I’ve read, the chances of our recouping our losses are slim.

I can imagine having a construction crew selected by HGTV (and paid for by us) and cameras on site as the restoration is undertaken, pointing out the gross negligence of our contractors and then showing how a reputable company resolves the situation. When the project is finished, it will be truly gorgeous. Additionally, the viewers can watch as the legal battle plays out. Kind of the OJ Simpson of the construction industry.


Our dream home has become a well-known landmark in Owasso as it sits sadly at the end of the winding country lane with the shimmering lake reflecting it’s unfinished and not-quite-right façade. It’s easy to see what it should have been and what, God willing it will one day be.

Structural Engineer Report

The following Inspection report is for an examination of the main building for evidence of defects in the readily visible structural components. Evaluation of improvements detached from the main building is available by specific request to our office. The inspection was performed on March 8, 2008.


DESCRIPTION OF PROPERTY AND IMPROVEMENTS

The house faces east for report purposes and is a three (3) story, load bearing masonry and timber framed structure and metal roofing and a three car attached garage towards the northwest area of the subject home. The house was reportedly started in 2006 and the roof surface is original. The foundation system for the garage appeared to consist of conventional, continuous concrete perimeter footings with concrete stemwalls post-tensioned concrete slab-on-grade. The foundation for the east portion of the building was provided by concrete basement walls, which supported the wood framed first floor. The balance of the foundation system appeared to be conventional, continuous concrete footings with concrete stemwalls supporting a wood framed floor system above a crawl space. The visible first floor framing was box truss joists at 16" on center supporting compressed fiberboard floor decking. Second floor framing could not be visibly determined at the time of this inspection because of limited access and surface finished. Roof framing was 2x6 site-built rafters at 24" on center, with collar ties and second floor walls providing support. Insulated decking had been provided to support the roofing layer. Flexible insulated air distribution ducts for the first floor framing were located in the first floor framing. Flexible insulated ducts for the second floor were located in the second floor framing.

There was an elevated concrete slab porch at the front covered with an extension of the roof and a concrete slab patio in the back, which was covered with an extension of the roof framing. The house is located on a site, which slopes moderately downward toward the south in both the front and back yards. The house has not completed and the water pipes had frozen recently and burst. The water then flooded the basement rooms. The construction plans were produced by Sater Design Collection. This organization is not a registered engineer or architect in the state of Oklahoma.


OBSERVATIONS

STRUCTURAL

The subject house has been re-visited on several occasions to make an evaluation of the structure. The attic and crawl space, as well at the interior of the house have been further evaluated for improper installation and design. The following items were observed:

Exterior

1. There is not a stemwall and foundation installed at the east bay window.
2. The floor joists at the south, north, and east sides of the house have been installed approximately 5-5/8” past the sill plate. This will cause a gap between the proposed stone veneer and the edge of the siding, which will allow air flow into the house. Additionally, the exterior siding will not bear on any structure.
3. At the south and east sides of the house, the sill plate is constructed of two (2) layers of 2x6's and a 2x4 laying on its short side. This is not stable and moves.
4. The stemwall is not even around the house. The sill plate has been shimmed in a effort to make the floor even in elevation.
5. The grading adjacent to the house is not correctly installed. Due this poor grading, the sanitary sewer system is set too low and will have to be re-located.
6. The south basement window is framed with wood and the drain does not keep water out of the bottom of the window framing should be constructed out of concrete to prevent moisture infiltration.
7. There are no spread footings under the east, entry porch columns, per the design plans.
8. The front porch columns are not load bearing structures and have moved. Due to this movement, the second floor has deflected downward approximately 2-5/8” at the northeast bedroom.
9. The east patio slab is too small to allow the columns to bear on the concrete surface. Additionally, this concrete patio has moved away from the basement stemwalls approximately 1/8”.
10. The south concrete patio does not have spread footings under the columns. Additionally, this concrete slab patio has move approximately 1” away from the basement stemwalls. The slab has cracked and appears to be failing.
11. The columns at the south patio are deflecting and have failed. The compressed fiberboard siding at these columns in cracking and is being compressed under the roof load at the bottom of the columns.
12. The post-tensioned slab at the garage is improperly and varies in depth from 3” to 5”. The cables are set to deep in the slab and one of the cables has failed and is loose.
13. The garage is installed too close to the living room window. Due to the location of the garage roofing, the window is covered by the edge of the roofing and a notch has been cut out to prevent contact with the window. This is a grossly, amateurish installation.
14. The grading for the exterior of the house will require a complete re-work of the site.

Crawl Space

1. The 16” box trusses in the crawlspace have been cut-off at the ends of the trusses.
There is a cautionary note on these trusses, in both English and Spanish, which states that the trusses should not be cut or altered in any way.
2. The 16” boxes trusses only bear on 1-3/4” to 2” at the ends on the sill plate.
3. The east to west glulam girder is bearing on 1-1/2” on the west and is bearing on a 2x8 vertical piece of wood.
4. The 16” box trusses will require installation of girder systems with columns to allow for the lack of end bearing surface and for the improper modifications, which were made at installation.
5. The glulam girder will also require installation of columns to allow for a 6” bearing surface at the ends of the girder.
6. There are no vertical supports for the loading bearing wall located at the kitchen/living room. Concrete columns with a girder system should be installed under this wall to prevent deflection. Additionally, the design plans called out for all load bearing walls to have support to the foundation.
7. The stemwall is improperly installed and it has been shimmed with 3/4” plywood to 1/2” waferboard to a visible gap at the northwest corner.
8. There is evidence of surface infiltration and the collapse of the foundation at the east side of the crawlspace. 3” gaps under the stemwall are visible and 1” cracks of the adjacent soils.
9. No crawlspace ventilation is present.

Basement

1. There is evidence of excessive moisture infiltration into the base from the south window,
the west , north and the east walls. Mud is found throughout the basement and in its current condition cannot be utilized as a room. A “French” drain will be required around the house to prevent moisture infiltration. This “French” drain will need to be as deep as the basement foundation.
2. The basement has been flooded and will require replacement of the sheet rock and insulation to prevent mold growth. Additionally, the areas ,which were wet, should be sprayed with a retardant to prevent moisture growth.
3. The sump pump should be lined with concrete and made to flow out of the drain pipe.
4. The exterior basement walls are not properly waterproofed nor is there a waterstop installed between the slab and vertical walls to help prevent moisture infiltration.

Interior

1. The stairway to the second floor moves under load and is cracking. This structure is
improperly installed and will require being re-built. The stairs are installed where the bottom step will extend out into the hallway walkway.
2. The second floor northeast bedroom and the east landing have deflected and failed. These areas will require being re-leveled and stabilized to include installation of the correct spread footings under the entry patio and columns.
3. Poor craftsmanship was observed throughout the house. Windows do not fit with the sheetrock and at the doors.
4. The design plans call for installation of 3/4” of plywood and 1/2” of waferboard for all floors. This was not installed. Only the 1/2” waferboard was installed. The plawood cannot be installed under the adjacent walls without removing all wall framing.
5. The circular opening at the entryway is improperly installed and does not allow for the crown molding to be installed.
6. Cracking of sheetrock surfaces was observed throughout the house, which indicates that the house is moving.

Attic Framing

1. There are not diagonal supports on the west side of the attic.
2. The east diagonal supports are not supported at their ends.
3. The bracing at the south diagonal bracing at the doming is incomplete and should be finished.
4. There is no access to the cupola framing.
5. No “cat walk” is present to allow for access to the entire attic space.
6. The junction of the roof structures for the garage and the house do not meet correctly and have been filled in with excessive amounts of silicon sealant. This is gross, amateurish installation.

Roof Structure

1. There is loose flashing at the air vents for the main roof.
2. The flat, rolled roofing at the second floor patio does not appear to have a positive slope away from the house nor does it have flashing to prevent moisture infiltration.
3. A plastic plank deck has been installed on top of this roof and has had screws drilled through the rolled roofing. This type of installation is prone to excessive wear as the deck is walked on and as wind loads are applied to the decking and causes movement.


CONCLUSIONS

STRUCTURAL

Considering the evidence described above, it is the opinion of this inspector that there has been a history of movement, improper and amateurish installation, and damage that should be considered structurally defective. It is the opinion of this inspector that the damage described above should be considered structurally defective.



RECOMMENDATIONS (Often referred to as "requirements" by lenders)

STRUCTURAL

It is recommended that a remediation plan be made by a professional engineer, who is licensed in the State of Oklahoma, to correct the poor and amateurish installation listed above.

The repairs for this structure are beyond the scope of this report.

I was curious to see what responses you got to your story, but I guess people are too used to hearing about these kinds of cluster-forks. It is good of you to share your experience, in that it may help other people in their decisions. Have you considered putting up a website with photos? And have you contacted the Holmes on Homes people, here: http://www.holmesonhomes.com/tell_us_your_story.php ?? I would love to see Mike Holmes dive in and tackle all your construction issues.

Unfortunately, from what I understand, you probably have very little legal recourse, but I think I would pursue every option available. Best of luck to you!

What amazes me is that these poor people embarked on construction of a three-quarters-of-a-million-dollar home, with no architect who would be on their side and possibly prevent the atrocities that happened!! This is akin to having brain surgery done by a pharmacist! And at least one of them is a professional! What could they have been thinking? Saving maybe $15,000? What is it costing them now? I feel for them, but this is what happens when you skip steps. I wonder if they will retain an architect now, or will they risk going through it all again? When a vital part of the team is left out, a vital part of the result is often sacrificed. Let's hope the error isn't repeated.

What a pharmacist cannot operate on a brain? Darn, now I have to look around some more.

Your right on with this Richard. Many folks take on projects such as this and many smaller ones thinking they understand everthing and then trust contractors who sell them with lower costs and unfounded facts. Only to disappear once they have the cash on hand.

I did a EIFS inspection for a family whos wife became the manager of the constructin of their home. They lived on the west cost. And she only came once a week to see how the house was being done. The person she hired sub-contracted the job to someone else and moved to the pan handle. She never even knew about this. He always answered the phone, and had excuses why he was not on the job while the work was being done. The end result was the stucco system was a mess and it ended up costing them several hundred thousand dollars to fix.

I have a house under construction right now. My client asked me to go up the other day and look at the foundation. I found that the foundation was built with lightweight blocks and not the 75%-solid load-bearing blocks I specified. I found that the contractor was preparing to rest the slab-on-ground floor on the foundation, contrary to the way I detailed it. The roof will be farmed with russes spanning either 36 or 40 feet, with 2 foot overhangs...that is one heck of a lot of roof load coming down on half of a lightweight block. Then I find out the contractor is using a sheathing system that also forms the moisture barrier, and doesn't quite know how he will lap the moisture barrier over the base flashing of the brick veneer. How much of this would an owner have caught without an architect on his side to evaluate such things? I don't quite know how he is going to avoid demolishing the foundation and building it again.