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Documenting Repairs

A Protocol For Repairs

Don't stop doing the usual items of maintenance simply because you have a disagreement with your builder. When push comes to shove, he-or his lawyer-will look for anyone to blame for your problems. You will be number one on his list. He will claim you failed to take care of the house. He will claim you stood by and watched while your problems got worse, and more expensive to repair.

It's true that you must act "reasonably" to minimize or mitigate damage to your house. Typically, that means continuing to monitor the condition of caulk joints and paint, and maintaining those items. In rare instances, it may entail taking a second mortgage to finance major repairs. Use common sense-it's no shame to say you don't have $10,000 or $50,000 to finance extraordinary repairs.

If you undertake significant repairs, let your builder know. Florida law may require that you give him an opportunity to see the defective condition and propose a repair himself. In any event, you should let him know there is a problem and tell him what you plan to do to remedy the problem.

Of course, if you have hired a lawyer you should let counsel know what you are doing. Remember that in any arbitration or lawsuit over the problems at your house, the house itself is the best evidence in the case. Don't handcuff your attorney by altering or destroying that evidence.

If you are planning minor repairs, simple "before and after" photographs may be sufficient to show what was done. If your repairs are more substantial, or if you know there will be legal action, check out the next section.

Documenting Repairs

1. Still Photographs
   1. Take many photographs. Err on the side of too many. When possible, repeat the series of pictures from the same vantage points to document the progress.
   2. Take both close-up and panoramic photographs of the corrective area prior to the corrective work starting to document the appearance of the original condition.
   3. Take both close-up and panoramic photographs of the corrective area during the demolition process. If the demolition process involves several layers or steps carefully photograph each.
   4. Take both close-up and panoramic photographs of the corrective area at the completion of the demolition process.
   5. Date and initial the photographs as they are developed.
   6. Keep receipts for all film, development, batteries, etc.
2. Video Pictures
   1. If possible, duplicate the still photographs with videos.
   2. Scan very slowly from a panoramic perspective to provide a point of reference for the close-ups, stopping to focus on the specific corrective area. For depth perception move to slightly different angles and pause each time for 15-20 seconds.
   3. Keep receipts for all film, development, batteries, etc.
3. Samples
   1. Draw a simple plan view sketch or use an available set of plans to indicate where samples are taken.
   2. Give each sample an alpha-numeric identification. The letter can denote the roll of film and number the exposure in that roll.
   3. Clearly mark the sample identification on the sketch or drawing and on the sample. The marking on the sample should be with a permanent marker in large enough letters to be clearly legible in a photograph. Include the date on the sample.
   4. Place each sample in a "baggie" when possible. If the sample is to large, place it in some kind of container. Otherwise, over a period of time they tend to get lost.
   5. Where practical, take a photograph with the sample in the foreground and the demolition area in the background. This is not a must, but is helpful in aligning the sample with the test hole.
4. Diaries or Daily Reports
   1. Document, in expanded writing, any observations, discussions, recollections and/or any other facts relative to the defective work. "Expanded" is used to mean to err on the side of saying too much rather than not enough. Getting to court can sometimes take years and brief notes do not spark memory.
   2. Document, in expanded writing, any observations, discussions, recollections and/or any other facts relative to the corrective work.
   3. The observations and inspection of the corrective work should be on a regular interval clearly documenting the progress.
   4. Some of the activity may be delegated by agreement to the Contractor performing the corrective work or the Architect preparing the repair documents. If this is the case, the format of the daily or periodic report should be pre-determined and, as a minimum, should include:
      1. Date
      2. Weather conditions
      3. Description of existing construction (Ex.: Synthetic stucco (Product name, if known), on 1/2" OSB, no vapor barrier, poor adherence of EPS, no flashing, stud, plate girder and joist rot)
      4. Description of corrective work (Ex.: Remove and replace synthetic stucco with brick veneer, enlarge footing to Engineer's detail, repair studs, joists, girders, add felt and brick ties, reinstall window flashing and window)
      5. Quantity of work performed
      6. Names of subcontractors
      7. Quantity of subcontractor workers
      8. GC workers
      9. Products used
      10. Identification of photographs taken
      11. Summary of findings and conclusions
      12. Site visitors
5. Corrective Work
   1. If possible, do not undertake corrective measures without sketches, bulletin drawings, drawings and specifications prepared by a Registered Architect or engineer.
   2. If possible, do not undertake corrective measures without the scrutiny of inspections by the Registered Architect or Engineer.
   3. If patches are made, where possible, require that products not be mixed, i.e., try to use the same product contained in the original construction.
   4. If reliance is to be placed purely on a General Contractor or Subcontractor to make the repairs, do not undertake this work without written and drawn confirmation of the scope of work.
6. Contracts
   1. Do not undertake corrective work without a contract. For smaller projects AIA has "abbreviated" forms for agreements with the design professional and the general contractor. If an architect source for the document is not available, copies can normally be obtained through a blueprint copying company.
   2. Take care to reference the documents prepared by the design professional in your agreement with the contractor. Seek his assistance in preparing and/or reviewing the contract between the Owner and Contractor if it is prepared by the Contractor.
   3. At a minimum, besides reference to the proper design documents, the contract should include the following:
      1. The total cost.
      2. The start date
      3. The completion date
      4. The schedule of progress and final payments
      5. Special requirements such as reports and photographs to accompany the work. Be specific. Require daily reports. Delineate the photographic requirement as to quantity and frequency.
      6. Detailed description of work, including materials to be used, detailed drawings and specifications.
      7. It is of paramount importance that the attorney be provided with copies of the contract and other documents prior to the execution of the documents. The attorney should be apprized of progress related to the corrective work. No agreement should be signed without an attorney's review.
7. Costs
   1. As a part of "6" above, include in the contract the requirement for a specific accounting of the costs necessitated by the repair. A lump sum is insufficient.
   2. Require breakouts for quantities, unit prices and total costs for each separate activity as they may later be challenged.
   3. In the event the repair is to involve a significant change in product (ex.: synthetic stucco to brick veneer) request that the bid include the cost to replace with like products, the cost of the changed design and the net difference.
   4. Maintain receipts for all other expenses incurred due to the repairs. Examples would be removal, cleaning and replacement costs for window treatments necessitated by a window removal, moving and/or storage of furniture, lost refrigerated food products due to the need to cut power for an extended period, relocation costs (rent, telephone and utility deposits, etc.) due to the severity of the repair, collateral damage to areas adjacent to the defect caused by the impact, repair of landscaping and irrigation due to the construction traffic, and increased utilities due to the construction. This list of examples is not intended to be totally inclusive of all ancillary costs. If there is any indecision as to whether an item is recoverable, keep the records. They can always be discarded at a later date.
   5. Keep a daily log of personal time devoted to coordinating and inspecting the work. Specifically denote time spent away from your normal employment.

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