What Would Be Your Solution To This Problem?

[felamy]

I have an exterior balcony that is retaining water and an adjacent interior walkway that has an uneven and sloping floor.(they share a wall of windows)

Please view these photographs of the areas during construction:

"covered deck" balcony:

"loft" interior walkway:

*notice the darker part of the floor board. this is water seeping inside from the balcony after a rainy day

*this is the ceiling of the lanai. the balcony is on top of the lanai. water seeped to the ceiling of the first floor which caused the tape to break and ceiling to mold.

to remedy this problem the builder had changed the molded sheet rock. the builder states that the framing is fine while my independent inspector states that there is a problem with the framing.

should he had fixed the problem so the floor board is leveled rather than having to rely on the flooring contractor to place a large sum of mud to level the floor prior to tile installation? Without the mud there is a 3"+ ceiling height difference so the mud would be very weighty to correct it.

the home is now completed and still has uneven and sloping flooring because of the floor board.

there has been problems and conspiracies with the builder (the builder had completed about 74% of the home and I had to complete)

[flipper]

should he had fixed the problem so the floor board is leveled rather than having to rely on the flooring contractor to place a large sum of mud to level the floor prior to tile installation?

This is the only question in your post and the answer is definetly "YES".

flipper

[felamy]

This is the only question in your post and the answer is definetly "YES".

flipper

thank you! this is what i thought.

[musicman]

ouch....looks like someone may be enclosing a balcony in the future.

[Dan the Man]

Not only should the framing be level, but the covered deck should slope AWAY from the house at a slope of at least 1/4" per 1'-0". Water always flows downhill. No amount of sealant is ever going to solve this problem. Make the builder rip it all out and repair it correctly at his expense.

[TheNiche]

I certainly hope that you haven't signed any releases.

[cgallagher]

It looks like there was a beam, probably steel, that was set too low and instead of raising the beam to the proper height, the framer ran the floor joists to the beam which caused the negative slope. It's important that you understand what's involved in doing this repair. If you raise the beam now, windows have to come out and be reset, all ceiling sheetrock, trim and paint have to be removed and replaced, tile replaced and reset, that beautiful iron railing removed and reinstalled, outdoor tile removed and replaced. Then the temporary supports need to be brought in before the beam can be raised. Also, any plumbing lines, electrical wires, or HVAC ducts have to be removed. Next the floor joists on both sides of the windowed wall are removed. After that, you have to cut out the bottom of the windowed wall. Now you can raise the beam to the proper height! Finally, you can start putting all this back together.

More than likely, you don't have the time and the builder can't afford to fix the framing. Structurally, you're OK. However, I would have him rip out the black and white tile and level this out. There will be some minor trim work and paint to do. Also, he needs to reset the exterior tile with a mud set and proper slope. A new balcony should never hold water.

Knowing that it rains every 3 days in Houston, a standing puddle would have been an obvious indication of a problem much earlier on. Did the builder ever walk the home? I think you're right to be suspicious.

[felamy]

thank you for the information. i am in a very complicated situation with the builder (I could write a book). I am worried because there is no support under the wall of windows over the lanai downstairs. i think the only way to tell is to tear out the ceiling of the lanai and see if everything is holding up in that area.

[cgallagher]

Are you thinking that there is no beam under the windows and that the slope in the ceiling is sagging due to the weight of the upper floor ? Wow, that is something that definitely needs to be looked at. Do you have a copy of the engineering specs? I think you should definitely cut a hole and post a pic for us.

[texas911]

thank you for the information. i am in a very complicated situation with the builder (I could write a book). I am worried because there is no support under the wall of windows over the lanai downstairs. i think the only way to tell is to tear out the ceiling of the lanai and see if everything is holding up in that area.

Well no wonder its saggin! There must be some deep trusses or beams under there, there just has to be.

[felamy]

sorry to revive this old thread:

i have seen the framing plan and thank god that there is a beam under the wall of windows

the builder says hes bankrupt so what do I do now?

Currently he is building a home for the Bellaire Fall showcase among several others.

I have a free pool when it rains though! maybe it was an incentive that i didnt know about.

[flipper]

That balcony still makes me cringe. I don't even like to leave my shower floor wet

You could set up an informational booth outside their showcase house and see if they get more interested in helping you out.

flipper

[felamy]

That balcony still makes me cringe. I don't even like to leave my shower floor wet

You could set up an informational booth outside their showcase house and see if they get more interested in helping you out.

flipper

i keep a wide broom on the balcony to sweep the water out when it rains. its tiring and I cant put any furniture up there.

[Justin2002]

Have you considered ripping up the tile and putting in a new mud bed at the proper slope? I would also use a product called Schluter Ditra between the mud bed and tile to prevent any water seepage and give you a water proofing layer.

I'd recommend you go post your problem at the John Bridge Tile forums, you should get plenty of good advice there.

http://www.johnbridge.com/vbulletin/forumd...y.php?forumid=1

[RedScare]

the builder says hes bankrupt so what do I do now?

You have two basic choices. One is to fix the floor so that water does not collect. The other would be to provide a way to get rid of the water that does collect, essentially by installing a drain(s) at the low spots.

To raise the floor would likely involve pulling up the tile and refloating the concrete or the mud, so that the re-installed til has the proper slope to it. Installing drains would involve cutting a hole in the floor and running a drain pipe through the floor joists and through the wall, similar to an A/C overflow drain, only bigger. Neither is a bad solution, but one may be more expensive than the other. One may be less attractive to you than the other, as well.

[TheNiche]

the builder says hes bankrupt so what do I do now?

Currently he is building a home for the Bellaire Fall showcase among several others.

So, how exactly is he continuing to build homes if he's bankrupt? Is he operating using a different entity? He (the person) definitely has resources at his disposal, even if you can't go after them in any kind of legal action.

But do as flipper suggests and use the Fall Bellaire showcase as a venue to spread very bad PR against him, but only if he doesn't repair your home out of his own pocket and using a contractor that you get to pick and supervise. Promise to dog him wherever he develops, anywhere in town, under any company name. Channel the lemon lady.

Do this and you stand decent odds at getting what you deserve.

[RedScare]

So, how exactly is he continuing to build homes if he's bankrupt?

He could have filed under Chapter 11 or 13, which would allow him to continue operating while he reorganizes. He also could have filed Chapter 7, either as an individual or his company. If it was his company, the company dissolves. If individually, he is free to start building again, either individually or with a new company.

In any event, you should file a claim against him in Bankruptcy Court, if he is in fact in bankruptcy. The good news is, if he has been discharged and did not notify you, your claim is still valid.

[AJXterra]

I second the recommendation to go to http://www.johnbridge.com/vbulletin/index.php, and ask for help. I'd be interested to know what those guys have to say.

If you do retile be sure to use the Schluter Ditra as it's waterproof if installed correctly. Basically another $2 a square foot to install and the best underlayment there is. If you don't re-tile, install a drain which shouldn't be too horribly difficult depending on what is below this balcony. The problem with the drain is that any future inspector when you go to sell your home will immediately want to know why it is there.

Good luck, I'll be looking for your thread over there.

[felamy]

thank you for all of your helpful responses. I will check the john bridge forum out.

the builder operates under several alias. the funny thing is that after I had signed a contract he asked if I could sign an edited version where just the name of his company is different and nothing else would be change (he lied; several things were changed) but I trusted him at the time and believed him. i checked on the trcc website where at the time they listed all the homes built by each company and I was one of only two where as his original name had several homes.

is there a way that I can still see the addresses on trcc? i would like to see if the other listing under the "con" name had the same problems. last time i checked it wouldnt let me see the homes the builder filed anymore.

the suggestion that the builder offered before bankruptcy was to install a floor drain (which i am not a fan of since the floor would still be unleveled) and I never heard from him until I found out he was bankrupt yesterday (about a 5 month period). his lawyer had called and said she was not representing him anymore as he will not pay her legal fees.

[Marksmu]

I am fighting my builder with the TRCC at this very moment...If you want to know if he has operated under any other alias, you can call the TRCC they will fax you an open records form, you fill out the form with who your searching and they will send it back to you. It usually takes about 2 days to get something.

let me tell you something else...The TRCC is terrible. They were created to HELP builders, and not homeowners. The TRCC is also powerless to FIX your problem, or FORCE your builder to fix your problem...they are only a roadblock to you having your day in court.

Word of wisdom though, if your Builder has operated under several names, he likely did that becuase his other companies were out of money and could not qualify for any loans or credit. If you end up having to sue him, be sure to check for any comingling of funds...if he ever paid a contractor or bill with his own personal accounts, you can go after him personally....if not - well your in a much worse situation.

My two cents - I am now about 4 months into the TRCC process. Awaiting the results of my SIRP inspection.

thank you for all of your helpful responses. I will check the john bridge forum out.

the builder operates under several alias. the funny thing is that after I had signed a contract he asked if I could sign an edited version where just the name of his company is different and nothing else would be change (he lied; several things were changed) but I trusted him at the time and believed him. i checked on the trcc website where at the time they listed all the homes built by each company and I was one of only two where as his original name had several homes.

is there a way that I can still see the addresses on trcc? i would like to see if the other listing under the "con" name had the same problems. last time i checked it wouldnt let me see the homes the builder filed anymore.

the suggestion that the builder offered before bankruptcy was to install a floor drain (which i am not a fan of since the floor would still be unleveled) and I never heard from him until I found out he was bankrupt yesterday (about a 5 month period). his lawyer had called and said she was not representing him anymore as he will not pay her legal fees.

[felamy]

thank you for your response. this is one of the reasons why I dont want to bother filing a complaint with the TRCC. I dont think I can do anything now since he had changed his name... or can I? All of his information ; owner name, mailing address, ect. is still the same as listed on the trcc builder registration.

he is very smart he had planned his escape route carefully and now im pretty much left in the dust.

[aggie92]

thank you for your response. this is one of the reasons why I dont want to bother filing a complaint with the TRCC. I dont think I can do anything now since he had changed his name... or can I? All of his information ; owner name, mailing address, ect. is still the same as listed on the trcc builder registration.

he is very smart he had planned his escape route carefully and now im pretty much left in the dust.

We have been fortunate so far with our TRCC complaint, not because of what they have done (except the letter they sent), but only because the builder was upset over our filing against him. He started fixing issues immediately even before the SIRP process started. He couldn't believe that we actually filed against him. We are not 100% finished yet, but it was at least worth filing the complaint to make him have to answer to someone.

[HeightsGuy]

The first answer is still the right answer. Your house looks too expensive to throw some leveler down and call it a day. It's painful, but fix it the right way now and it will still be right 30 years from now. Don't cover it up, it will only be a problem next year, the year after, the year after...... Oh, and when you sell a house like that, the inspector will find it because of the rot (or the newness because you fixed the rot before listing it), and you'll have to fix it then anyway....

[felamy]

i totally agree. if i had the time I would want the floor board pulled out and fixed but it seems unrealistic at this point.

i am still lingering on the idea of filing the TRCC complaint but there is some progress as he said he will pay for *part* of the repair. how much that *part* is still questionable now. i dont want to file the complaint as of yet and then have him less than willing to comply with anything. thank you for the suggestion I will use it as a worst case scenario before a full blown lawsuit over fraud. well i dont know if it would be called fraud as he changed some numbers on invoices where the numeral 1 turned into a 6, charged for items that the vendor and sub contractor did not charge him, made a fake check and gave it to a subcontractor to show that it was "paid" on the invoice, i could go on for ever.

just an fyi HeightsGuy, the builder is constructing several homes and townhomes in the Heights area also.

[RedScare]

made a fake check and gave it to a subcontractor to show that it was "paid" on the invoice, i could go on for ever.

I would call that Forgery, a felony carrying a 2 year prison term.

[linyer]

i totally agree. if i had the time I would want the floor board pulled out and fixed but it seems unrealistic at this point.

i am still lingering on the idea of filing the TRCC complaint but there is some progress as he said he will pay for *part* of the repair. how much that *part* is still questionable now. i dont want to file the complaint as of yet and then have him less than willing to comply with anything. thank you for the suggestion I will use it as a worst case scenario before a full blown lawsuit over fraud. well i dont know if it would be called fraud as he changed some numbers on invoices where the numeral 1 turned into a 6, charged for items that the vendor and sub contractor did not charge him, made a fake check and gave it to a subcontractor to show that it was "paid" on the invoice, i could go on for ever.

just an fyi HeightsGuy, the builder is constructing several homes and townhomes in the Heights area also.

Before you think of a lawsuit better check your contract and see if your builder stuck in a Mandatory Binding Arbitration Clause. If so forget the courts and you really do not want to got to MBA. You can read much on Homeowners for Better Building on MBA, TRCC and other issues connected with the building industry. I too have a house of horrors and even though I have met with TRCC several times I just cannot push myself to file. I spoke with someone who filed on my builder. The TRCC inspector ruled for the homeowner, the builder called and complained and TRCC reversed their judgment in favor of the builder.

I am starting to do some fixing up on my own.