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Dealing With Your Builder

Good Builders

Some builders do the right thing, making good on problems in the homes they build. If you are fortunate enough to find one of these builders, you still must capture his attention and document what repairs are performed. Here is a simple list of things to do with a responsive builder faced with relatively simple repairs or punchlist items:

1. Document all communications.
2. Hire a professional to inspect your house, and make your own list of any problems the inspector misses.
3. Give both lists to your builder, and ask him to let you know if any repairs will not be made. Get it in writing, including his reason for not making the repair.
4. When you have agreed on the scope of repairs, ask the builder for a schedule, including start and finish dates.
5. Ask the builder to extend applicable warranties on repaired items.
6. Re-inspect as necessary and sign off on acceptable items.

Other Builders

If your builder did what you expected, you probably wouldn't be reading this. So what should you do when your builder ignores you? You know, when the Dr. Jekyll you dealt with during construction turns into Mr. Hyde after the closing? Here are some general guidelines.

Contract provisions

Remember the construction agreement you signed when you hired the builder? Or the real estate sales contract? Those documents define most of the obligations your builder owes you. There may be other important papers, like a builder's warranty, that describe when, how, and to whom claims must be made.

Read the contract. Read it again. If you still don't understand it, read it a third time. If your contract offers a specific remedy, follow the steps outlined to pursue it. Remember that following the language of the contract now is easier than explaining later why you did not.

Third-party warranty companies often have standard forms, faraway claim offices, and administrative fees associated with complaints. You must decide whether those costs and procedures are worth the trouble. If you have read this far, chances are you are determined to get your house fixed. Remember that, like the procedures spelled out in the contract, complying with the administrative headache now is easier than explaining later why you didn't.

Document, document, document

Everything you do should be in writing. Write your builder with a list of defects. Insist that he respond in writing. If he won't do it, confirm your conversation in a letter to him. Remember what Samuel Goldwyn said: Oral agreements aren't worth the paper they're written on.

Document the conditions that you want the builder to fix. Use a digital camera-you don't have to print all the pictures. Whether digital or film, write on the print-or in your photo program-what the picture represents, when it was taken, and what problems the condition has created for you.

Write down what the builder-or any of his subcontractors-do to address your complaints. When did they come to the house? When was your telephone call returned? How many times did you leave work only to have no one meet you at the house? Memories fade over time. If you have to try your case against the builder, your diary of events may prove invaluable.

Squeaky wheels get the grease

Many times in building disputes it doesn't matter who is right-just who can last the longest. If your builder is ignoring you, he probably understands this and may have lots of practice. The process is not difficult, but it can be frustrating and time consuming. Many builders count on this and figure you will get tired and go away. Be tenacious.

Avoiding lawyers

Hey-lawyers wrote this. Do you really think we would recommend avoiding us? When you can't get satisfaction from your builder through tenacity, documentation, and perseverance, calling a lawyer is probably the right thing to do. If you are determined not to hire counsel, here are some steps you may consider:

• Talk to your neighbors. You may have more in common than you think. If one squeaky wheel is a pain for the builder, imagine an eighteen-wheeler. Remember too that the quality of construction in your neighborhood affects your investment.
• Talk to your local inspection department. Remember that the inspector deals with your builder every day. He meets you only this once. Typically, inspectors will only address building code violations. If he agrees to inspect your house, ask for a written report. He will be more careful if he has to sign his opinion.
• File complaints with local, state, and national home builders associations. A number of similar complaints against the same builder will get their attention. Some may provide arbitration procedures. Make sure the rules are fair. Ask for a copy of their "Code of Ethics".
• File a complaint with the Better Business Bureau. The BBB may have problem resolution procedures set up with the Builder. If nothing else, it may prevent someone else from experiencing the same problems.

Remember if your relationship with the builder has deteriorated to this level, hiring an experienced construction defect attorney is the best course of action.

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