AskTheBuilder.com: Bad Tyvek Installation (St. Louis, MO)
Tim: We're going to go to the phones now and we're going to talk to James. Good morning, James. It's Tim Carter. It's a pleasure to have you on WGRR, Oldies 103.5. Hi, James.
James: Hi Tim. How are you doing?
Tim: I'm doing great this morning, I tell you right now! I couldn't be better.
James: I'd like to thank you for corresponding with me since Thursday via email about my issue with the Tyvec?
Tim: Um! Oh, yeah! I remember that one. Man! Those are some bad photos, buddy.
James: Bad photos or...?
Tim: No, the photos are great. The Tyvec installation looks like it was done by some kind of creatures from another planet. I mean, it's just the worst installation I've ever seen in my life.
James: Okay. That's what I was kind of looking for, was a second opinion and everything, because I'm a programmer by trade.
Tim: Okay.
James: I'm not really a builder.
Tim: And you're not supposed to be, just so you know. In other words, we need people like you. I'm not a programmer. See what I mean? So that's why the good Lord has given us all talents, and Annetta, my producer, is the first one to recognize that. She knows that everybody's got to have a different talent, you know?
So anyway, here's the deal. Have they completely covered all of that Tyvec with the vinyl siding? Is it all done?
James: Unfortunately, yes.
Tim: Okay. And when are you supposed to close on this house again?
James: Definitely on this coming Wednesday.
Tim: This coming Wednesday. All right. What did your contract say with respect to anything about building code violations? In other words, is there any type of language that you've been able to look at in your contract that states that the builder must build the house according to all the codes and bla, bla, bla; things like that?
James: Basically just that one statement I sent you that said that somebody signed it really quick.
Tim: The deal is, especially if there's language in your contract that states that all things need to be installed according to manufacturers instruction; if you've got language like that in your contract, you've got some really solid proof that it's not done. In other words, you haven't put the stuff on the way that the people who make Tyvec say to put it on.
James: Okay. Here's a statement, Tim: "All work will be performed in a workman-like fashion consistent with all applicable building codes."
Tim: Okay. All right. Good. I think that you've got a strong case with your paragraphs, and here's the best part. Because you know where the defects are, you can actually unzip some of that vinyl siding. And it's really easy to kind of take it apart (I know this sounds crazy), and you can prove to somebody within a matter of minutes that the Tyvec has not been installed correctly. What bothers me in your particular instance is that, if they have done the Tyvec that way; in other words, if the subcontractors put that on, what other problems are happening in the house?
James: Correct.
Tim: It's a rhetorical question, and something inside of me is screaming that you have multiple defects going on at that place. So, here's what I might do if I were you, and you've got just enough time to do this. I would open up your yellow pages this morning. I would look under home inspectors. You know, you've got to have a category of people who do home inspections.
James: Correct.
Tim: Okay. You want to find one. Look for ads that might say that they're ASHI certified. Have you got a pencil and paper?
James: Correct.
Tim: Okay. Write down this acronym: ASHI. And that stands for American Society of Home Inspectors. That particular society, or association, has some of the most stringent membership and continuing education requirements. In other words, the people who have ASHI after their name are usually pretty good. If it would cost you $400 or $500, it's going to be the best money you will ever spend in your life. Schedule an inspection for that guy to come out on Monday or Tuesday. See what I mean?
James: Correct.
Tim: Okay.
James: Funny you'd say that because I have an inspection this morning at 9 a.m. and everything.
Tim: Okay, but who's the inspector? I mean, is it ASHI certified?
James: Correct. He is.
Tim: Okay. All right. Then you're on the right track, dude, and then you make this entire list up. Here's the option. This is really, really important and you've got to do this on Monday. Once you have the inspection report in hand; I'm sure you're going to have all kinds of defects; you're going to call the bank or whoever you got your loan with?
James: Yes.
Tim: And say, "We came up with all these defects. I'll go ahead and close on Wednesday if you want, but I want all of this money" - you know, like whatever it adds up to. In other words, let's just say you go through the list of defects and you find out it costs $60,000 to correct the defects. Got it?
James: Yes.
Tim: I'm just pulling that number out of the air. You say, "I want $60,000 held in escrow that only I can release after all these defects are corrected." And if your building and loan can't do that or they refuse to do it, then somehow call an attorney and walk from the deal. Understand?
James: Correct.
Tim: You do not want to pay all that money to the builder with him promising to you he's going to fix it.
James: Right. Because once he has the money in his hand, he's going to probably ignore me.
Tim: It's not probably. He will ignore you. In other words, the person has no scruples. We already know that. A good builder would not have allowed that to happen. Okay? Or worse yet, if the problem happened, he would have stopped the vinyl siding installations and said, `Stop it. This is a mistake. We're going to fix it right now.' See what I mean? James: Yes, and I know the foreman was aware of the job and everything.
Tim: Exactly. So you know what to do, man. Well, I've got to go to a break, Jim. All right? So, you report back to me and tell me what you found in the inspection. Okay?
James: Okay. Do you have time for a real question to that? Tim: I have to run to a break. I can put you on hold if you want, and maybe we can come back after the break. Okay?
James: Okay. Thank you.
Tim: We've got to put you on hold. Okay. You're listening to WGRR. I'm Tim Carter. It's the Ask The Builder Show. I'm going to take a quick break. Annetta, Travis, and Carey and I are going to be right back.