
| HOMEOWNERS ARE GOING AFTER SHODDY BUILDERS |
- By: Jube Shiver, Jr. / Times Staff Writer
- Los Angeles Times
Sunday, November 20, 1991
Complaints about housing defects, once mostly confined to builders of low-cost
homes in fast-growing suburbs, have spread across the nation in recent months
as owners of mid-priced and even luxury houses and condominiums complain
of shoddy construction.
Jordan Clark, president of the United Homeowners Assn. in Washington, calls
construction defects a "major problem" that has drawn Congress'
attention and has sparked homeowner groups from California to Florida to
sue inept builders.
In California, until recently the nation's hottest housing market, the state
Contractors' License Board says complaints against builders and home repair
contractors jumped from 27,500 for the year ended June 30, 1989, to 31,000
in 1991.
"We have leaky skylights, noisy plumbing, cracked foundations and undersized
wiring in kitchens," said Leonard Chudacoff, president of the Marina
Villa V Homeowners Assn., which in August settled a lawsuit against Los
Angeles developer Watt Industries for $13 million.
Such problems are the legacy of the 1980s building boom, experts say. So
many homes were built so fast that the production overwhelmed housing inspectors,
exhausted the supply of skilled workers and taxed the ability of builders
to properly supervise construction.
Those problems have been compounded by chemically treated plywood, aluminum
wiring, plastic plumbing and other new materials that have sometimes proved
faulty. Experts also say drug use by some construction workers has contributed
to the poor workmanship.
The 1980s housing boom "was like Detroit in the 1970s, when [auto makers]
were putting cars out as fast as they could and there wasn't an emphasis
on quality," said Pasadena lawyer Lee Barker, who handled the Marina
Villa V Homeowners Assn.'s lawsuit. "The developers put pressure on
contractors to build homes quick and keep down the costs. They hired people
who would work for a low wage and didn't necessarily care about quality."
Watt Industries President Ted Cox would not comment on the Villa Marina
settlement, which amounts to $104,000 for each of the 125 condos built in
the early 1980s.
When asked to address the issue of shoddy construction generally, he said:
"I think there is always an element in the [construction] business
that doesn't do things the right way. But in most cases, there are very
few real problems.
Other industry officials agree that construction problems are not widespread,
saying that housing is one of the nation's most heavily regulated and scrutinized
industries. While no national figures are available on housing defects,
industry officials say a very small fraction of the 1.1 million homes built
each year have significant problems.
"I have not seen any indication that there is any real rash of quality
problems," said William Young, director of consumer affairs for the
National Assn. of Home Builders in Washington.
Critics say that is because the cost of litigation and the shame of discovering
costly defects after living in a house for years prevents most single-family
homeowners from suing builders. What's more, shoddy builders often disband
their company and form another one to avoid paying claims on defects - which
range from dangerous lapses such as undersized electrical wiring and weak
foundations to annoying and potentially costly problems such as leaky roofs,
cracked tile and uneven framing.
But, increasingly, homeowners are pooling financial resources to fight shoddy
builders. In hearings in September before the House housing subcommittee,
more than 300 owners in five states came to Washington to complain about
serious construction defects in their new homes.
"This is a national problem, and it's getting worse - not better,"
said Ruth S. Martin, a Cleveland physician who published a book in June
that detailed her struggle to get a developer to correct major defects in
her custom-built $450,000 home.
Among the largest and most active groups is the 1,000-member North Carolina
Homeowner's Assn., formed 2 years ago "because of all the trouble homeowners
in the state have had with builders," said Jim Parker, the group's
co-founder and president.
Parker said the idea of a citizens group came after they spent $9,000 in
legal fees and $5,000 on stop-gap repairs in a three-year ordeal to get
a North Carolina builder to correct numerous building code violations in
his new home. Parker said electrical wires in his kitchen weren't properly
sheathed in metal conduit, pipes backed up with water and sewage and the
home's foundation wasn't sound.
"What I went through with that builder was worse than the hell I went
through in Vietnam," said Parker. "Before our group was formed,
there was no place for a homeowner to turn if he had a problem with a contractor."
In the Tampa area, Charlotte Pramik sued the builder of her $155,000 home
after she moved in and found cracked tile, faulty electrical outlets and
cigarette burns and spilled paint on her carpet.
"I was horrified at the condition of the house," said Pramik,
who said a settlement of the case bars her from identifying the builder.
"My husband and I are in our 30s, and we worked hard for this house.
But when I complained to the builder, he told us that we couldn't expect
everything to be right in a $150,000 home. He said that we were simply not
in the right price range."
Since then, she has tried to organize other Tampa-area residents, including
more than 50 owners in nearby Carrollwood, Fla., who have filed a lawsuit
against Pulte Home Corp. The residents allege that Pulte's shoddy workmanship
left them with leaky roofs, rotting siding and moldy walls.
Pulte, based in Bloomfield Hills, Mich., has denied the allegations, saying
homeowners failed to properly maintain their homes.
Claire Stephanye of Falls Church, Va., has her own tale of woe. Her builder
went out of business, leaving Stephanye's three-bedroom home with a leaky
roof, uneven floors, irregular wall studs and an undersized ceiling support
beam.
She found four other homeowners allegedly victimized by the same builder.
They joined together and persuaded authorities to arrest the builder on
suspicion of criminal fraud. In exchange for dropping the charges, the Fairfax
County prosecutor's office got the man to pay Stephanye $10,000 of the more
than $70,000 she and her husband had spent building their house.
In Southern California, complaints about construction defects surfaced against
builders such as Kaufman & Broad Home Corp. in the early 1980s.
Scott Gormley, a building superintendent for Kaufman & Broad, said quality
has improved since then because the recession has left more experienced
construction workers available for hire by Kaufman and other big builders.
But some government officials say there has been little improvement overall
in the quality of construction.
"There has been a sacrifice in quality workmanship," said Steve
Kolb, a spokesman for the state Contractors' License Board, which revoked
480 contractors' licenses in the 12 months ended in June - mostly for
shoddy work, abandonment of jobs and failure to comply with board rules.
"Developers are anxious to get the job done so they can keep up their
cash flow."
San Diego lawyer Thomas E. Miller said that in the past five months, his
law firm has settled three construction defect cases: Developers paid $1.9
million to homeowners in the 52-unit Devonshire Woods condominium project
in San Diego, $1.35 million to the owners of 26 homes in the Sierra La Verne
Country Club in La Verne, and $1.8 million for construction defects at 22
units of the Los Rio Condominium project in Bernardo Heights.
Some experts say defects stem from shoddy workmanship and inattention to
detail. But there are other reasons as well.
In the Washington area, three home builders have set aside more than $17
million to cover the costs of replacing a rapidly deteriorating fire-retardant
plywood, whose use had been encouraged by some building codes. But many
homeowners are having to sue recalcitrant builders or pay out of pocket
to replace the plywood, which the National Assn. of Home Builders estimates
was installed on 1 million roofs.
Drug and alcohol use on the job may also contribute to defects, experts
say.
Many Southern California home builders post anti-drug warnings at job sites
or test workers. Drugs and alcohol on the job beat out better wages and
job safety as the No. 1 concern of 4,500 contractors and workers polled
in western Connecticut last summer. The group included 400 non-union carpenters,
100 non-union contractors and 4,000 members of the United Brotherhood of
Carpenters & Joiners Local 210.
After a spate of job accidents and complaints about poor workmanship from
homeowners, John B. Clark, chairman of San Diego Fence Co., instituted a
drug testing program at his company five years ago. He found that a third
of his employees were using alcohol or drugs. He fired one worker who showed
up at 7:00 a.m. one morning with a blood alcohol level of 0.22, nearly three
times the legal limit for driving in California.
"There's no way, with impaired eyes, you can get things perfectly square
and perfectly plumb on a house," said Clark, who said things have improved
since he began offering drug counseling and training employees to spot impaired
co-workers.
Regardless of the reason for shoddy construction, some states have begun
to offer greater legal protections for homeowners.
North Carolina lawmakers recently approved legislation to help homeowners
fight inept and fly-by-night builders. The measure establishes a "Homeowners
Recovery Fund" to provide legal fees for homeowners who successfully
sue builders later found to be insolvent.
California lawmakers have toughened disciplinary procedures for negligent
contractors and set up certification standards for municipal housing inspectors.
Larry Haun, a veteran Los Angeles carpenter who taught the skill at Whittier
College from 1970 to 1989, says based on his examination of building quality
recently, the get-tough stance of authorities is long overdue.
"I think homeowners have a legitimate cause for griping about some
new homes," Haun said. "There's a general sloppiness you didn't
see before. You find things are not plumb or level."
The quality of construction work is supposed to be inspected by building
and safety departments. But in the 1980s, many construction defects escaped
the notice of undermanned building inspection of departments.
In the metropolitan Atlanta area, where more than 120,000 new homes have
been built since 1986, Cobb County's 10 inspectors "take about 15 minutes
per [house] call," said Bob Harrison, manager of inspections. That's
an improvement over the nine minutes harried housing inspectors had three
years ago but falls way short of the 40 minutes it should take to inspect
the framing of a home, he said.
With criticism of the industry mounting from homeowners, a number of savvy
builders - such as Chicago-based Hoffman Homes, Inco Homes in Upland and
the Fieldstone Group of Cos. in Newport Beach - have instituted quality
control programs to attract consumers concerned about defects.
Norman Hassinger, Hoffman's president, said he launched a "zero-defects"
program about 18 months ago that encourages subcontractors to point out
and correct mistakes. He also permits buyers two inspections before closing.
He said that since the program started, customer satisfaction has risen
to 65% from 95%.
Ira Norris, president of Inco Homes in Upland, said a similar program has
paid off for his company, which he said has never been sued by a home buyer.
"Close to 50% of our sales are from referrals, and we have found that
it is more cost-effective to make sure the home is built correctly"
than suffer consequences later, Norris said. "We've seen other builders
who were so concerned with getting the house up and sold, they didn't take
the time to do the work right and ended up paying for it."

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