Sandee Bradshaw -- on Expansive Soil in Hutto [highlights added]

"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!"

My husband and I purchased a home under FHA.  We have a required legal HUD document form 92541 in which our builder certified that our home was NOT built on expansive soil.  When it was brought to the builder's attention that indeed our home WAS built on expansive soil, the builder said they made a "clerical" error. 

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.  Hutto Chief building Official Daniel McDowell found that excessive movement has caused increased stress loads to the building components due to expansive soil in the area, causing the structures to shift beyond normal tolerances resulting in foundation problems.  I have attached this report.

The first day of moving into our home, we reported construction defects and structural problems with our home and allowed the builder to continue to make their band aid repairs to our home over a period of several years.  The first day we moved into our newly built home, we heard a loud popping noise coming from the wall of the living room which resulted in knocking pictures off of the wall.  The builder sent out their supervisor who informed us that we needed to conduct a séance on our home because he was in awe as to what the noise could be. 

After continuous complaining the builder opened up the wall stating they needed to reinforce pipes that were not properly installed. They cut the wall open, band aid repaired it, textured, painted and closed it up, which took several days, while we lived in the home.  They never moved us out during the repairs.  We still have the popping noise. 

The AC unit caught on fire a little over a year after purchasing our home.  We were fortunate that we were at home to shut off the AC and electricity, otherwise our home and family pet would have burned up.  I called out my home warranty.  My home warranty would not pay for it because the AC unit was installed incorrectly when our home was built.  The builder refused to accept responsibility.  

Shortly after moving into our newly built home we noticed the roof shingles were lifting up.  In 2003 after several attempted band aid roof repairs by the builder, the builder decided to install over 100 shims into the attic of our home stating that the roof needed support; however, we continued to have problems with the roof tiles lifting up as well as a noticeable wavy roof.  Then in 2005, the builder came back into our home and stated they should never have installed all of the shims as it probably weakened the support system and the builder spent two days tearing out all of the shims!  I continued to complain, but the builder stopped listening, hoping I'd go away. 

The fence is shoddy and has been falling down since we moved in.  On several occasions the builder brought out additional dirt to fill in sink holes along the fence line.  Our AC sits on a concrete slab and there is a noticeable sink hole underneath it.  

Shortly after moving into our home, we discovered dead electrical plugs within the garage.  The builder sent out their supervisor who pulled chunks of the sheet rock out in the garage to inspect why the wiring was dead.  He said the wires were dead because the roofers drove nails through the electrical wiring.  The holes in the sheet rock were never repaired.

Electrical outlets shorten out and we have complained to the builder.  The builder sent out electricians numerous times to "repair" the problems, however, we still have the electrical problems.  Within a few days after moving into our new home, the electricity blew shortening out a 48 inch large screen television and a computer setting us back several thousands of dollars. 

Several times the builder had to take off doors within our home to adjust them because they would not open.

On numerous occasions the builder "repaired" ceiling cracks, kitchen and door entry ways, retouching the texture and paint.  This was like placing a band aid on a hot spot. 

Within a short time, we noticed dark splotches along all of the windows on one side of our home (which happens to be the same side that has some shifting.)  It is the same side where all four bedrooms are located.  We would have someone come in and clean them, only to have the splotches return.  After continuous complaints, the builder sent out a mold inspector.  At 7:30 pm one night, a representative from the builder knocked on my door and handed me a 17 page mold inspection report which stated we have mold on the entire side of our home and the mold is probably in the foundation which could cost in excessive of several thousands of dollars and it needs to be remediated.  The representative said the builder was not accepting any responsibility and left. 

My husband is a totally disabled Vietnam Veteran who does not smoke nor drink.  Due to my husband's respiratory problems and oxygen assisted breathing, even the least amount of mold causes him respiratory distress.  Since having to live in a mold infested home, he has gone into respiratory failure sixteen times, requiring hospitalization.  We have doctor reports stating he should not be exposed to mold.  In addition, our 13 year old granddaughter (once
healthy prior to moving into our home) has asthma, respiratory ailments and sinus problems.  We have doctor reports stating mold is the contributing factor in her uncontrolled asthma.

I started writing to my State Representatives, Governor, HUD, Senator and other public officials. Finally, the builder's representative contacted me stating that he pulled the files on all of the repairs to our home and discovered that they failed to get our home inspected prior to installing all of the shims as well as after tearing them out.  He stated in order to close their files they needed to have the inspection performed.  They came out with their own inspector and closed their files.  A rude man in the builder's legal department called me stating he did not care how many letters I sent out and to whoever.  I told him my husband was ill in the hospital and he said he didn't care to hear it and no action on their part was being taken.  I told him I had contacted HUD about the falsified document in which he responded with a mocking laugh, "the day we get fined will be the day we will discuss our buying your home back!" and he slammed the phone down.

Mr. Fortner with TRCC told me it would take about six months for their office to respond once I filed with them.  In addition, he said TRCC probably could not help me because of a two year limitation.  Four days after receiving a letter from the builder's supervisor stating their files were closed, I received another letter from the same supervisor stating they would consider paying a third party inspector of my choosing and for me to submit the inspector's fee which I submitted; however, I received another letter from the builder declining the inspector stating I needed to obtain an inspector more familiar with TRCC regulations. 

I faxed the letter to TRCC and requested TRCC contact me to discuss this issue.  I received an email from Mr. John Baker with TRCC as follows: (READ TRCC's EMAIL)

As you can see, we homeowners have been through enough going back and forth with the builder allowing multiple attempts at band aid repairs on homes that should have been built right the first time.  If you purchase a new vehicle and have it in for continuous repairs you are protected by a lemon law.  However, when you purchase a new home which is a costly lifetime investment, the only one being protected is the builder!  What homeowner wants to pay a $250.00 filing fee to TRCC, after incurring multiple out of pocket non-reimbursed expenses due to their poorly built homes, having to wait at least five to six months, which according to Mr. Fortner is TRCC's turn around time, then TRCC allows the builder more attempts at "fixing" the problems that the builder had already put multiple band aids on prior to filing with TRCC.

In addition, TRCC offers to waive the required filing fee, however, you have to reveal all of your very personal financial information and submit what I consider is a "pauper's" statement.  This only adds to the homeowner's humiliation!  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!

Submitted by Sandee Bradshaw