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STRUCTURAL DEFECTS IN THE PULTE HOUSE LOCATED AT 8712 QUILL STREET, LENEXA, KANSAS









Taken from Pulte's web page: "The SPIRIT OF THE WARRANTY --

Our Warranty commitment is easy to understand is based on COMMON SENSE.

We believe THE HOMEOWNER has a right to expect a clean home complete and free of defects at the time of closing."





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Photograph by Garvey Scott.

Pulte Homes' commitment to sell us a "defect free" at time of closing were meaningless words in the contract.

Broken promises, lies, and a conditional warranty are each links that form the chains to imprison us.

Mandatory Binding Arbitration is the lock that will ensure we will never escape! We purchased a "Pig in a Poke"!



Our advice: caveat emptor -- let the buyer beware — always inspect the goods before you pay for them. Make the seller open his poke and show you the pig within.



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How well was our home inspected by the city's building inspectors? Quote from Mr. Kroh, City of Lenexa Director of Planning: "After touring the home and reviewing the files, I believe the [Lenexa] building inspectors and special inspectors performed all required inspections in an ACCEPTABLE manner." ACCEPTABLE defined by Merriam-Webster's On-line Dictionary: adj. Barely satisfactory or adequate.



RESULTS FROM INFRARED INSPECTION OF 8712 QUILL STREET FINDS IMPROPERLY INSTALLED HOUSEWRAP, WINDOWS, VINYL SIDING AND STUCCO!!

The results from this interesting inspection can be accessed (infrared pictures begin on page 20). here.




[Cynthia

Photograph by Garvey Scott.



Cold joint pour spans two walls. A cold joint is the intersection between the end of one concrete pour and the beginning of a new pour. The basic rule is to try to avoid cold joints by pouring straight through until the job is finished. The height of the discoloration defines the length of time that transpired between pours (estimated 2 - 3 hours). The cold joint is a weak area and could allow the entry of water. If it must be done, inserting reinforcing bars in the fresh concrete of the old pour will tie in the new pour more effectively. Pulte Homes hired Dressler Engineering to evaluate the home twice, neither report mentions hydrostatic pressure cracking or the cold joint pour. Dressler's first report (Dec 6, 2006): "The shapes of the fractures, i.e. vertical and diagonal, are classic indications of normal settlement of the foundation and concrete shrinkage due to curing." I learned about the "discolored" area from a friend (concrete professional) visiting our home, who explained what caused it and why the cracking was following the discolored areas.

[Cynthia

Photograph by Garvey Scott.



Pictures of all eight misaligned support columns and pier pads: click here .



International Residential Code 2003, R301.1 Design . Buildings and structures, and all parts thereof, shall be constructed to safely support all loads, including dead load, live loads, roof loads, flood loads, snow loads, wind loads and seismic loads as prescribed by this code. The construction of buildings and structures shall result in a system that provides a complete load path capable of transferring all loads from their point of origin through the load-resisting elements (pier pads) to the foundation.

Engineering and Inspection Services, Inc.: "If the columns are off center with the footing, it would diminish the support of the columns. Installing footings as shown on the plans would provide the support for the columns that was intended by the design drawings. If this is not done, future problems with the girder support columns could result."

Dressler Engineering: "A typical footing is designed to support a load imposed on the center of the pad. This transmission of forces is known as a "line of action." When the center of the column is not located over the center of footing, the line of action of an imposed load is offset from one element to the other. This condition creates an eccentric, off centered load condition. Due to the eccentric load conditions created by the pad footing locations relative to the steel posts columns, DCEI recommends that new footings, centered underneath the columns, be installed. It is our opinion that this method provides for the best stability of the structure during the repair/replacement process. "

Norton & Schmidt:"Disturbing the integrity of the basement slab by removing portions of it in order to correct misaligned footings could potentially cause ADDITIONAL problems by allowing differential vertical slab movement between the new and existing portions."

Norman Clark Property Inspections: "Support posts are not supported on the center of pier pads. Posts are using the concrete floor as support mechanism and floor is free floating on soil base and is only 4 inches thick. This is insufficient for proper steel I beam post support."

Quote from Mr. Kroh, City of Lenexa Director of Planning: "During the insepction process, column pads are inspected during the footing inspection. Inspectors check to see if the required pads are in place but do not measure for individual placement. During the foundation wall inspection, alighment of beam pockets with column pad is only given a minimal visual alignment and the locations are not measured." For those who may read the preceeding statement, let me summarize: The subcontractor created eight pier pads which when quickly viewed, appeared to be in the correct positions. ??????????????????

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These are foundation construction pictures of a new Brampton home, like mine, in my subdivision. Based on Mr. Kroh's statement, the approach used to inspect this particular foundation proves what? What can ANYONE determine from standing above a foundation wall and looking down? There are EIGHT pier pads that APPEAR to be in a ROW! It doesn't matter to the City of Lenexa if these pads will line up with the support posts -- they are just satisifed knowing that eight were needed and were in place before the basement floor was poured. I guess I should be happy knowing Brulez Foundation put the required number in the home's foundation.


International Building Code, 2003, 1805.8: Design for expansive soils . Footings or foundations for building and structures founded on expansive soil shall be designed in accordance with Section 1805.8.1 or 1805.8.2.

International Building Code, 2003, 1805.8.1: Foundations: Footings or foundations placed on or within the active zone of expansive soils shall be designed to resist differential volume changes and to prevent structure damage to the supported structure. Deflection and racking of the supported structure shall be limited to that which will not interfere with the usability and serviceability of the structure.

Foundations placed below where volume change occurs or below expansive soil shall comply with the following provisions:

Exception : Expansive soil need not be removed to the depth of constant moisture, provided the confining pressure in the expansive soil created by the fill and supported structure exceeds the swell pressure.

International Building Code, 2003, R403.1 and International Building Code, 2003, 1805.5.6: Foundation Wall drainage. Foundation walls shall be designed to support the weight of the full hydrostatic pressure of undrained backfill unless a drainage system is installed in accordance with Section 1807.4.2 and 1807.4.3.

Norton & Schmidt: "The vertical cracks are due to heaving and shrinkage of the expansive clay subsoil beneath the foundation as it experiences change in moisture content, resulting in differential vertical movement...." "The diagonal cracks are due to hydrostatic pressure from the soil retained by the walls." "After the grade is improved and before river rock or other decorative material is placed, a 4 foot wide strip of 45mil rubber pond liner should be installed adjacent to the house as an impermeable membrane. This will hold the moisture in during drought conditions and prevent excessive moisture from getting under the house during rainy periods, possibly causing slab heave."

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Referencing the picture of the basement wall on the left above--these two pictures document upper wall rotation (pushing inward) is occuring dramatically. The exterior wall above it is pulling away OUTWARD, note the gap that now exists between the wall and the cabinet. In the second picture, the white "caulky" line shows the movement spans the entire length of the cabinet.


The following was taken from Pulte's Warranty: What the Homeowner Has a Right to Expect from the Builder.
1. Soil Drainage — Your home has been placed on soil engineered to withstand the anticipated settlement based on soil conditions found in your area. It should not settle in such a way as to create structural problems during the warranty period.
2. Concrete Surfaces — The concrete surfaces in your home should fulfill the functions for which they were intended without excessive settlement, cracking or secondary damage, such as leaking.

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Norman Clark Property Inspections: "Multiple cracks occurring in all walls of the foundation. Two walls have diagonal cracks indicating inward top rotation of the walls beginning to occur. Further rotation/movement will require vertical bracing. Poor grading on the front of the home with dips and swales that hold water after rains. Grade on the south of the home is beginning to subsided due to lack of compaction of fill. Grade on the north side (picture on left) of the home is flat to negative."

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Additional cracks that have formed on foundation east and west walls:

[Cynthia

Photograph by Garvey Scott.



IRC 03: R502.4. Joists under parallel bearing partitions shall be of adequate size to support the load. Doubled Joists, sized to adequately support the load that are separated to permit the installation of piping or vents shall be full depth solid blocked with lumber not less than 2" in normal thickness spaced not more than 4 feet on center. Bearing partitions, perpendicular to joists shall not be offset from supporting girders, wall or partitions more than the joist depth unless such joists are of sufficient size to carry the additional load.

The upper living floor in my home as has excessive floor deflection. Originally, I assumed that the problem was caused by "irregular" spacing of the I-Joists, that range from 19.2" to 24.2", typically I-Joists are spaced either 16.2" or 18.2" on center. Continued investigation into this matter revealed the following information:

The building plans were designed by Pulte Homes, Inc., architectural engineers and with the subflooring plan developed by Cedar Creek Inc, an authorized Louisiana-Pacific Corporation agent, all of which was approved by the City of Lenexa. The subflooring specify the correct placement of all I-Joists, LVL beams and blocking under load bearing walls, in accordance with the International Residential Code (IRC 03: R502.1.4) and the manufacturer’s installation requirements “Engineered Wood Product Guide”, specifically pages 8 and 9.

LPI Engineered Wood Product Guide

(1) The LVL beam was not placed 9 3/4” away from the I-Joist. This prevented the dryer vent duct from being installed in its correct position.

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(2) LPI blocking, directly under load bearing interior walls, were improperly installed. The blocking must represent a continuous line of support with no gaps. These gaps allow the top flanges of the I-Joists to react erraticly during movenment on the upper level movement.

[Gaps [Gaps

(3) Squash blocking elements were not installed under load bearing interior walls. This is the alternative blocking method for those areas where items (mechanicals) must cross over the beam.

[No [Gaps

(4) Filler blocks were not installed in the doubled I-Joists, as required by the manufacturer. The filler blocks serve to “tie” the doubled I-Joists together to ensure that they provide a stiff load bearing capacity.

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The absence of the manufacturer’s prescribed “nail pattern” in the webbing of the I-Joists prove that no filler blocks were installed. This item was specifically mentioned in this home’s “rough-in” inspection as an “unsatisfactory” finding but subsequent inspections do NOT mention that the item was re-inspected. All other unsatisfactory findings, noted in the same report, were re-inspected during subsequent inspections and documents that these violations were "corrected".

All of these items, combined with the irregular spacing, contribute to the excessive floor deflection in the upper living area. After Cedar Creek, Inc., (an LPI authorized business)Stu Downes toured our home, he made specific recommendations to correct the excessive deflection in the subflooring; however, he failed to document any of the violations to the manufacturer's installation requirements. Cedar Creek, Inc., letter dated Nov 30, 2007: click here.

Quote from Mr. Kroh, City of Lenexa Director of Planning: "Even though you may be experiencing some vibration in the floor, the vibration is not a violation of the International Residential Code adopted by the City of Lenexa." Mr. Kroh's statement, made in letter dated June 13, 2007, contradicts the finding as noted above during the homes rough-in inspection, conducted by one of his building inspectors. There are four code violations in the subflooring which are causing the excessive deflection in the upper living area.

Engineering and Inspection Reports

Pulte Homes' first Dressler Engineering report, Dec 6, 2006, click here.

Pulte Homes' second Dressler Engineering report, Feb 5, 2007, click here

Pulte Homes' Proposal/Scope of Work, Feb 21, 2007, click here.

Results of 3-month inspection/service request, part 1, Nov 11, 2007, click here.

Results of 3 month inspection/service request, part 2, Nov 11, 2007, click here.

Homeowner's second engineering report, Norton & Schmidt, Mar 22,2007, click here.

Norman Clark Property Inspections, Aug 01, 2007, click here.

Norman Clark Property Insections' web site: Norm Clark Property Inspections


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We have come to the realization that our investment would have been better served by buying an older home than the new home we purchased from Pulte Homes of Greater Kansas City, Inc that has construction defects from the foundation to the roof line.

12-Months of Pulte Homeownership (like the Twelve Days of Christmas)

On the first month of homeownership,
Pulte gave to me, a backwards laundry room.

On the second month of homeownership,
Pulte gave to me, two improperly supported bay windows.

On the third month of homeownership,
Pulte gave to me, three cracked foundation walls.

On the fourth month of homeownership,
Pulte gave to me, four walls with water intrusion.

On the fifth month of homeownership,
Pulte gave to me, five engineering reports.

On the sixth month of homeownership,
Pulte gave to me, six pages of building code violations.

On the seventh month of homeownership,
Pulte gave to me, seven unhappy Pulte employees and sales agents.

On the eighth month of homeownership,
Pulte gave to me, eight misplaced pier pads.

On the ninth month of homeownership,
Pulte gave to me, nine weeks (and counting) of HOA fines.

On the tenth month of homeownership,
Pulte gave to me, ten years of meaningless warranty coverage.

On the eleventh month of homeownership,
Pulte gave to me, eleven angry "Happy Homeowners".

On the twelfth month of homeownership,
Pulte gave to me, twelve reasons to regret buying a Pulte home.

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Picture on left shows dryer in the incorrect position, whereas the picture on the right shows the dryer in the corrected position.




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