Please take a look at the links above too. They show pictures of the damage that has and is occurring to this 'quality' built Pulte house. Of particular importance are the links that provide information on builders, binding arbitration, mortgage fraud and predatory lending.
After two years of taking measurements, laser readings and employing experts it has been verified and validated that my foundation has sunk between 1 1/2" and 2". Because the basement floor which the builder continually stated that if I had allowed them to fix it would have stopped this, it is simply NOT true. The basement floor and the foundation walls are separate entities. Now, you might want to ask why the foundation has sunk and continues to sink. If you live in my development, you might be asking that question. I have the answer and at this time will not be stated on my web page. However, if you have questions, drop me an email. Suffice it to say at this time, the problem is not isolated.
You can also give the Property Law Center a call (913) 341-4550, Ext. 113 . They can answer your questions and it is confidential. Tell them I sent you.
As of October 2009, the house continues to degrade structurally. Pulte continues to deny culpability.
These are pictures that were taken in the basement of my house in 17 October 2009 . No longer do I need a laser to show that the steel beams in my basement are bending. They can be seen very clearly. These issues are not isolated, they are rampant throughout the subdivision.
![[the basement keeps heaving]](Http://www.justanotherlemon.com/CCFL/basement1009.jpg)
![[the basement keeps heaving]](Http://www.justanotherlemon.com/CCFL/sabinocto09a.jpg)
![[the basement keeps heaving]](Http://www.justanotherlemon.com/CCFL/sabinocto09c.jpg)
![[the basement keeps heaving]](Http://www.justanotherlemon.com/CCFL/sabinocto09d.jpg)
![[the basement keeps heaving]](Http://www.justanotherlemon.com/CCFL/sabinocto09e.jpg)
![[the basement keeps heaving]](Http://www.justanotherlemon.com/CCFL/sabinocto09f.jpg)
I made two mistakes when I purchased my house:
UPDATE I believed the ten year warranty that was given to me when I purchased the house. I believed the sales person, the customer service representative and the warranty.
Their warranty states:
Page 3, Your rights and the rights of your home The Spirit of the Warranty Our warranty commitment is easy to understand and 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 . Things should work. Note: My house was not free of defects at time of closing. Pulte knew there was an issue but their customer service representative informed me it was nothing and they were monitoring it. If I had only known, I would have refused to close, but I didn't and neither did my housing inspector.
pg 4 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.Note: The foundation to my house was not designed, engineered, or built to withstand the expansive soil environment. The house destruction is positive proof.
Under section A. The Limited Warranty, page six (6), the warranty states: Ten Year Coverage The Builder warrants the construction of the home will conform to the tolerances set forth in the below Performance Standards for Structural Elements for a period of ten years after the closing date, subject to the limitations set forth below. Structural Elements are footings, bearing walls, beams, girders, trusses, rafters, bearing columns, lintels, posts, structural fasteners, subfloors and roof sheathing. Note: Pulte informed me and in writing that these items mentioned above are cosmetic.
The warranty, what warranty? The warranty is a finely honed document that is a list of exclusions. It is so finely tuned it delineates how wide the cracks have to be in the basement before they will consider fixing them.
The Professional Warranty Service Corporation (PWSC) is supposed to be the insurance backer for the ten year warranty. I filed a complaint and a claim and was told after four months of exchanging emails, letters, and heavy documentation, they are not a warranty company, they are just an administration company . They state they are not an insurance company nor a warranty company. So if this is true, where is the warranty? Who insures the warranty? If Pulte refuses to make warranty repairs, you should be able to go to their insurance backer, PWSC to get repairs made. However, I could not do that. I was refused. If I can't go anywhere to get repairs, is the builder self-insured? If so, this allows the warranty to be interpreted as to what they choose it to be.
My misfortune can do something for others. BEFORE you buy a house take the warranty to your real estate attorney or family attorney. Have them review the warranty with a fine tooth comb. If you dont understand or disagree when you go to closing do not sign away your rights in that you do understand it. Sure when you first read the document you believe you understand it, however this builder takes the written word and interpolates it to whatever will suit them at the time. I know.
All I wanted was to buy a new house, close on it, decorate it, and live my life. I was unfortunate that I chose a builder that is in the market to reproduce, to replicate houses in an assembly type environment. Therefore how the house is built, on what type of soil, or the quality of work in my honest opinion is of no consequence to them once you sign on the line. This brings in the important part that you must ensure the house, (that is if you can get past the real arrangement of the warranty) is built properly and the only way is to hire your own (and not the builders) structural engineer to make sure the house is being built correctly and that the foundation is solid. Unfortunately for me, I trusted too much. I trusted the J.D. powers award, I trusted the sales man, the builder itself and the site superintendent. I am an educated woman who does her homework, but being human I have to trust people in some respect. However, my trust was my downfall and lead to the only mistake I made.
I received the new tax values on the house for the tax year 2008. The land was valued at $59,090 and the house for $ZERO for a total of $59,090. This is a loss of $235,040.00 in two (2) years or a 79.91% loss in the value of the house. My property tax bill will be based on the cost of the land alone.
The previous valuation for the tax year 2007 is below.
The sale price of this house was $313,100. Incentives brought the sale price to $294,130.00 . This was the appraised value of the house when I moved in June 16, 2006. (However the appraised tax value was $300,000 - which means the house was not priced correctly??) The appraised tax value of the house on 1 January 2007 is $174,900 . This is a devaluation of the house of $119,230 in just SIX MONTHS!!!
Could I sell the house for $174,900? No. However, I was offered $40,000 I forgot to mention. This offer was made when the house was six months old ( December 2006 ). In its current condition, no one will make an offer. The house is worthless.
Because of the state of the house, I refuted my property tax value. If my ceilings are lifting off the walls, and trusses in my attic are cracked and broken and my roof line sagging, why should I pay full value for the property? I shouldn't. The county tax appraisers were invited and did conduct a thorough inspection of the house.
I provided evidence from engineering reports and with the other evidence presented by an engineering consultant. This evidence was presented to two personnel who work for the state appraisers office on July 30, 2008 . After the meeting, I was informed I would be notified within a week of the outcome. I received the following decision from the Court of Tax Appeals of the State of Kansas dated August 27, 20008 .
Decision of hearing officer:
The County valued the subject property at $138,000 for tax year 2008, taking into account $156,030 in repairs to the structure of the home. The home was built in June 2006 for $294,130. Using the cost approach, the County valued the home at $266,730. The home is a conventional ranch home with 2,244 square feet of total living area located in "Model 32 Upscale" on 10,890 square feet of land. The land was valued at $59,090. The County's comparables were located in the subject property's subdivision. The Taxpayer refuted the County's evaluation based on the severity of problems with the home. The Taxpayer presented repair reports from 4 engineering firms indicating the home was improperly built. Robert J. Chapman, an engineer consultant who holds a B.S. and graduate work in Industrial Technology Management for Manufacturing and Construction, testified the home has experience structural demise and needs to be torn down. He asserted, in his professional opinion, it is impossible to correct the foundation and structural problems. The Tax payer did not dispute the County's valuation of the lot. Mr. Chapman asserted the value of the subject property should take into account the cost of $20,000 to $25,000 for tear down and back fill to prevent a sink hole, but he did not have a report or cost estimate documenting these expenses. Mr. Chapman estimated the value of the subject property (including land) at $30,000. The Hearing Officer concludes the Taxpayer's testimony and evidence showed the subject property will need a full rebuild. Further, the Hearing Officer cannot use the informal estimates for tear down and back fill. Based on the weight of the evident, the Hearing Officer concludes the value should be the cost of the land only at $59,090 . A copy of the letter can be seen by clicking
below.
My web site has grown exponentially over the last two years. The damage keeps continuing and escalating. Pulte believes that if I had allowed them to replace the basement floor the damage would have ceased. Even I, not a structural engineer realize that the issue is the soil, and not the floor. The floor heaving is the symptom. Allowing a newly laid floor would have only given the appearance of a repair, a band-aid repair. By this time in December 2008 , the floor would have already cracked and heaved again.
As you read my web site, and there is a lot of information, and you have questions, please drop me an email . I do generate a lot of inquiries and if I can assist one person so they don't have to go through the hell I am experiencing, I have done some good in the world.
I came across the following interview between Kai Ryssdal, Public Radio and Mr. Bill Pulte, the founder of Pulte Homes. The following paragraph made me look and read twice.
source: Interview with Bill Pulte
"RYSSDAL: When you go to somebody's house, whether it's for dinner or for some function or an event, what's a sign to you that it's a well-built house? PULTE: You really can't tell because all you're seeing is the cosmetic finishes, which doesn't really make a good house. That's where a lot of people go wrong. They think that the cosmetic finishes make a good house or the better house. It starts with understanding what the soil the house is going to go on. You must understand what that soil is and secondly you must build the foundation. Third is the framing structure has to be correctly built. Then the correct mechanical system, meaning plumbing and heating; they got to be in correctly, and the wiring has got to be in correctly. The roof is the next important thing, because if you have a bad roof it's going to leak. And then the least important is the cosmetic finishes that you see but it isn't really the important stuff because I could take a good shell and do a miserable job with the finish -- people won't like it as well, or I can take a lousy shell and do a good job with the finish and people love it except when they've lived in it a few years and all of a sudden you've got a lot of problems."
As of 12 October 2007 Pulte Homes is unwilling to repair this house to the state it was when I closed. The house was inspected by Pulte and various experts on 5 August 2008 . They were allowed by the Kansas Right to Repair Law to provide a statement of work as to how the house will be repaired. The law allows the builder 30 days, in which Pulte has refused, and has now broken the law.
In Money magazine in the March 2007 issue. I was the subject of an article titled, The Cure for Shoddy Work. Mr. Todd Lipschutz, Pulte's division president for the Kansas City area said the following: When you finish looking at my web page, remember this actual quote.
If, after reading my web site, you are also appalled, please write Mr. Dugas , the CEO of Pulte and ask him to buy back my structurally defective house. His address is below. I have linked his email address; however whether it will get to him, is unknown. I appreciate all of the supporting emails and telephone calls I receive. This house built by Pulte that I purchased brand new and according to the sales contract would be "free of defects at time of closing" is now three (3) years and four (4) months old. I lived in this house exactly 28 days before I noticed problems. I am sure in my heart these problems were occurring during the building stage and before closing.
I want it to be known right up front that what I have to state below are facts. I am not embellishing, but stating facts that can be verified.
In no way I am disparaging the builder. It is up to you to make that determination after you read the facts and see the pictures.
Please check by often. I add to my pictures and include all the damage that has occurred since I last posted. Your indulgence is also requested. There are a lot of pictures on this page and sometimes it will take a while to load. You may have to refresh your browser to get all of the pictures if you have a slower computer. I have divided my documentation into separate pages, but there is still a lot of information. Thank you. I am a single woman. This is the first house I purchased by myself. As I mention below, I did a lot of research in regard to builders in the area in which I wanted to live. Unfortunately some of the internet web sites I have found since my house started to move, I found too late. I didn't, at the time have any reason to distrust the Pulte salesman, Pulte Mortgage or Pulte Homes. It never once crossed my mind that any transactions that occurred should have been cause for alarm. I am a person that has a strong sense of honor and integrity; unfortunately I thought others did too.
On January 7, 2006 I signed a sales contract for a ranch style house in the new subdivision The Reserve, The Timbers in Lenexa, KS. This subdivision is being
built by Pulte. Pulte is one of the largest builders in the United States. Before I decided to purchase a Pulte home, I did a lot of research. My research
indicated that in the last five years, Pulte has attempted to clean up their act, and was actually building some quality homes and giving customer service.
Pulte
even won the J.D. Powers award. I've learned a lot about the J.D. Powers . They do not take complaints. They base their awards on submitted surveys. Now I know why I was being pressured by the Pulte representatives to give them good marks on the survey. The Pulte representatives told me their 'bonus' and promotions were based on these surveys.
Here's a picture of the house. It is a cute ranch that has eye appeal. However, I call it the Hansel and Gretel house. It looks nice on the outside, but once inside - well you are thrown into the oven!
I have been asked to post some other pictures of the outside of the house. I have also added some pictures of the back of the house from afar. Check out the land on the right side of the picture. When it rains really hard, the house on that property can looks like it is sitting on an island. You can also access this page from the link above titled, outside house. On June 9th 2006 , I was afforded a walk-through. During this walk-through I was informed that one of the four inch thick isolation rings (the circle) that is situated on top of a four inch thick pier pad in the basement where the steel post that supports the steel I beam had started to crack
a bit. I was told by
the builder's customer service representative they were monitoring it. It didn't look like much of anything at the time. Little did I know. I closed on June 12, 2006
and started moving into the house on June 16, 2006.
I hired my own housing inspector before I closed on this house. Pulte was not too happy about it and kept insisting their inspectors were good enough. In this area of the Midwest Pulte is considered a good builder by the vendors, subs, housing inspectors and the other trades people. The housing inspector showed me the areas that Pulte did that were a little 'extra' and how well things were constructed.
The same housing inspector I had hired initially has been back to the house and free-of-charge offered to look at the damage and give his opinion. After looking at the damage and reading the results of the September 11, 2006 structural engineer report, he turned to me and said, "You need a lawyer." He said the same as a lot of people do - "What about the warranty?" Well that warranty is only as good as the builder wants it to be. In my opinion the warranty is just a draw to get you to buy a house. Once you need to use it, the warranty becomes a limited warranty and then it becomes nothing. However, this is not about the warranty. This is about defective construction. This isn't a leaking faucet or knobs being crooked, it is about a house that is literally falling apart. This is about a builder who built a house without any thought or concern for the safety of the people that would be living in it. This last statement is made based on what I have mentioned above.
This past summer, 2007 I was included in a flyer given out by the organization Building Justice. The flyer is about Pulte and their home warranty exclusions .
On July 11, 2006 I emailed the customer service representative telling her about the two posts where the concrete has separated from the basement 'floor'and the separations are getting bigger.
On August 18, 2006 I emailed the customer service representative asking if the basement door and the door to the garage (from the utility room) could be fixed because they were sticking. They stuck so badly that I had to put my shoulder into the doors and shove. Little did I know until I conducted some research on the internet this is an indication of movement in the foundation. At this time I had lived in this house a little under a month.
Since that time period, there are have been structural engineers conduct an inspection of this house. The first and fourth engineer was hired by Pulte. I hired the second engineer because the problem remained unabated and is getting worse. Below you will find some pictures. I have posted some of the engineer reports on another page .
The basement of this house was built using four feet by four feet four-inch thick square pier pads. They are placed on sections of the ground once the basement walls have been poured and the flatwork ready to be completed. On top of the square pier pads, there is a circular isolation ring 4" thick. . They are not bolted down and secured in any way. The basement floor is then poured. This is called a floating floor. The theory is if the basement floor moves these pier pads will remain steady and will alleviate any damage. Using these pier pads and isolation rings also allows the builder to pour a 4-inch concrete floor.
The stairway is supposed to be built so that if the basement floor moves and or shifts, the stairway will be able to move. Unfortunately my stairway was not made that way. It was built rigid. When the basement floor moves, it pushes the stair up inflicting damage on the floor above such as the bowing joist in the utility room, buckling and cracking drywall. This is a structural defect and a design flaw. Something to note is that the stairway is only made to be 'floating' on one side, so therefore when the basement heaves even with using the given 'theory', the other side of the stairway is prone to heaving. - a design flaw.
If I wanted to finish my basement I would have to make any walls floating. If not, when the basement floor moved it could do the same thing that is happening now - rising. Since the house was built on expansive soil, there is sufficient evidence to indicate the house will rise and fall depending upon the saturation content of the soil.
In addition on December 8th 2006 , when the Pulte representatives were 'over-seeing' the experts it was discovered by one of them that one of the basement windows is cracked. This is because the floor is rising and causing the basement wall to rise and in turn is putting pressure on the window, thereby causing it to break!
Since the October 11th 2006 inspection, the living floor has bowed in three places which can be visually seen causing the wooden floor slats to begin to separate. There are more cracks in the drywall in various rooms in the house. The plumbing pipes are begin to show stress from being compressed by the floor rising. The ductwork and pipes from the furnace and the water heater are bending more as the floor rises. The stair way continues to separate from the wall, the boards are being pulled apart and the stair frame is splitting and cracking. The stair frame is also rising above the steps. This can be visually seen. The blue insulation strips that are placed
in between the basement top and the framework continues to be 'spit' 'squeezed' from between the two. The bolts that hold the sump pump pipes to the wall are being pulled from the concrete and the concrete is also cracking off in small hunks. The hairline cracks have gotten larger and one of them leaks when ever it rains. The one gas pipe that leads to the furnace was replaced with a flexible pipe because of an impending safety issue.
When I first moved into this house, the floors did not squeak or sway. They shouldn't because a silent floor type material was used for the joists. Now (posting this October 26th 2006 ), when I walk across the room, things I have on my table jiggle or move. The mirror above my dresser in the master bedroom sways back and forth. The floor makes noises. Of course the reason for this is the floor is heaving in places, and the more it heaves upward, the more uneven it becomes. In addition there is no support for these joists. They are just 'out there' within nothing to rest on. Of course they can't rest on anything because they have been pushed up.
The Pulte lawyer has stated in October 2006 they (Pulte) don't believe my engineer's report. Pulte believes there is nothing wrong with the house that a few years of settling won't fix.
As of October 2006 except for fixing that one gas pipe that I insisted be fixed they have done nothing or provided me with a way to fix the problem or to buy this house back.
What did the Pulte operations officer tell me after the first inspection in September 2006 ? "There is nothing wrong with your home."
I continually ask that Pulte find out what the problem is and fix it. They will not address the issue nor talk about it. What will Pulte do for me
for this brand new home that holds a 10 (ten) year warranty (especially on foundation problems)?
Check out above how they fixed the door on December 8th, 2006. Let's see from July to December that is about five (5) months!
In the meantime, the damage gets worse on a daily basis. What is worse is that in my heart I know that Pulte knew there was a soil problem before this house was built. I live on a corner and there is only one other lot on this corner. Pulte chose not to build it after pouring the basement and the flatwork. They told me that it was because the lot had not sold, but since out of approximately ten houses being built mine and the one across the street were the only houses that were not speculative (spec), that doesn't pass the logic test. In addition the floor in the basement next to me is cracking and heaving AND there is no weight on the basement. I also noticed that
Pulte has added extra pipes for drainage and run an extention cord to run the sump pump. This is not normal procedure for a house that is in the basement stage.
Because I have talked about the lot next to me that was halted after the basement/flatwork stage, I have decided to show some pictures. Click enter to take a peek! I have added some new pictures. We have had some horrific rains and the basement now looks like a pool!
A day or two after I posted the pictures of the basement, Pulte people were there fixing the sump pump and pumping out the water. I have just discovered ( June 23, 2007 ) the lot has been sold. Before the sold sign went on the placard (see pictures), Pulte had taken out the basement floor, they pushed dirt against the areas that have sunken to hide the "holes" and spruced it up. It is unfortunate the people who purchased this lot bought a house that has foundation problems even before the first board is nailed with a hammer. In October 2006 I received a flyer from the Corps of Engineers. They are holding a hearing on the property to the east of this house. Evidently the property this house rests on used to be part of that parcel. This specific area was in a canopied tree line. The Corps of Engineers is going to fill in the two farm ponds and the outlying wetlands. Being so close to that property that has been labeled 'wet lands' why wasn't a soil test conducted on this property before anything was built?
If the foundation shifting and moving causing the basement floor to heave and rise and the pier pads to rise and push the steel I-beams upward continues accelerating at the level it is now, this house will be unsafe to live in by the end of the year. In the meantime I have to continue paying the mortgage which BY THE WAY is with Pulte Mortgage. Update Even though Pulte Mortgage and Pulte builders are very well aware of the issues with this house, the loan was sold. Needless to say the new lender is not happy. In July 2006 I asked Pulte to find out what the problem was. They offered to fix the door to the garage and to patch the drywall at the end of the basement stairs. As time went by, even after the first structural engineer inspection was conducted, the only thing that Pulte would fix was the door and the dry wall. All of this from the very beginning has been very inconvenient. It is through no fault of my own this house is falling apart. I purchased what I thought was a brand new home FREE of defects. What I received was a house that has major structural defects that continues to accelerate.
Why would I want Pulte to patch some dry wall and replace a door that will continue to damage. The answer from Pulte? They will come and fix it again. This does NOT solve the problem. The damage that is occurring are symptoms of the actual problem. I told Pulte until they find out what the problem is and fix the problem, it was worthless to fix something and then have to fix it again. I have already taken enough time from work. I believe any reasonable person would come to the same conclusion as I have.
Since the October 11th 2006 structural engineering inspection, there are about 10-12 I-joists that have begun to split and a couple have started 'peeling'. This is not a good thing, especially when these joists are made not to split. This means the pressure placed on the foundation of this house is incredible. The stairway continues to come 'apart'.
A technical representative from the joist company came to the house to examine the joists. After his examination, I asked him about the issues regarding the splitting and he looked at me and said, "Splitting joists are the least of your problems." These joists are not supposed to split and he explained why they are. The steel posts are pushing the steel I-beam up. This in turn is pushing the joists up. As the joists are pushed up the ends that are held down by the framework are being pushed down by the pressure and therefore are splitting. I have to monitor the splitting and once they get to a certain length (they are currently between 5" - 15"), it will become a problem with the integrity of the house. I will continue monitoring the joists.
I am truly concerned that in the near future I will be walking down the stairs and the stairway will fall. At least at this point in time I don't have to worry about the gas line getting a crack and blowing up the house. I made Pulte replace the gas line. They had the report that said the gas line was a imminent safety issue and only after four days when I demanded it be changed, it finally was - some 5 hours later. I have a gas fireplace and am afraid to light it.
I have also found that on the north one-half of the house, the framework has come off the foundation 1/2". It may be more, but that was a significant number by itself. This explains why the blue insulation came out. The pressure from the house pushing down on the joists squeezed the blue insulation out just like squeezing a twinkie.
There has been movement in the framework of the garage. I can tell because the bottom corner of the garage and the concrete 'lip' of the garage floor is continually getting further apart. This is a problem but what makes it worse, field mice can enter. I have stuffed papers in the hole, but mice are tenacious. Because the door from the garage to the utility room will not close, I now have a rodent problem. I live in a home that is only four months old and have to contend with serious structural defects and a rodent problem.
It has now been discovered the garage floor is rising!! I probably forgot to mention previously, but the entire garage floor has cracked and separated from the foundation around the perimeter of the garage. As I mentioned above, the framework to the garage has moved and while I and another person were looking at it, he remarked, "look at your freezer!" It was tilted. I have measured it and will post pictures but one side is 15/16" of an inch higher than the other. This is incredible since the movement has happened in the last month.
The posts that hold up my deck are splitting down the middle vertically. However, the housing inspector said that was normal and there was no problem. Since this housing inspector was the one who approved the foundation inspection, I am skeptical. I will post some pictures and if I am mistaken and someone knows, please let me know and I will stand corrected. The deck is also coming away from the house. If that is not the case, the house is falling away from the deck. Either way, it is not good.
The front step to the house is rising now. You can visually see the threshold of the door slanted and the door looks cock-eyed. In addition it is starting to squeeze the siding on the west wall.
I mentioned above that Pulte Mortgage held my mortgage. I received a letter they sold it to Chase Finance beginning December 2006. Chase did not realize they purchased a mortgage on a house that isn't even worth the mortgage, or even the down payment! I am currently looking into this situation. An update on this. Chase is stuck. They are not happy at all.
Finally agreeing to hiring a foundation expert to pull core samples, Pulte contracted a company for December 8th 2006 .
There was also another structural engineer inspection and another firm that took laser readings on this December 8, 2006 . I agreed to the inspections so that it will provide the higher management at Pulte the justification necessary to buy back this house as soon as possible.
The geo tech core sampling test results are in. If you would like to read the report, please click on enter. While walking around with the structural engineer on December 8th 2006, more damage has been found. One of the windows in the basement is now cracked, evidently from the pressure. There is a 1/4" or more crack at the beginning of the hall in the ceiling, which is indication the house is tending to 'crack' in half. Also around the sides of the two back sliding doors, are cracking.
When I made a remark about the garage floor rising on December 8th, the president of the local area said that the floor was made that way. Rising so that the tilting of the freezer is very obvious and the brackets to the garage doors and the garage door openers are bending?
This house continues to degrade and to fall apart. Each time I say that the VP of construction of the Greater Kansas City area keeps saying, "that is your opinion". Structural engineering reports are stating this house is continuing to deteriorate.
I have been in contact with the geotech company since the report has been written. I told the president of the company that even though his 'opinion' that the basement floor would not rise any longer, it has. The problem is not only the expansive soil, but that the soil is saturated at a 97-98 percent. No one from Pulte or their companies on retainer have addressed where the water is coming from and or going and what can be done to stop the water flow. Please remember Kansas has been in a drought for two years now and having 'fat clay' (expansive soil) saturated at such a rate means there is an additional problem.
I continually ask how the basement floor rising pushing everything up will affect the roof. Pulte continually tells me there is no damage. On the 13th of December 2006 I decided to look for myself. The attic opening is in the garage. I put the ladder against the opening and climbed up. I climbed so that I was waist high. I didn't go into the attic since I live alone and if there was a problem, I would be in trouble. So I decided to see what I could just by standing in the opening. I found three boards that are perpendicular to the attic floor joists that are split, cracked and bending. These are not little cracks, they are substantial. I also found that at the top of the roof where it crests and the OSB board (I am sure it isn't plywood) arches together, at one point that I could see, it is separating. Below are a few pictures of what I could see and take decent pictures. The first two pictures are of the same piece of lumber, just better shots. The third board was too difficult to take a picture. I am speculating there is more damage in the attic in areas that cannot be seen. This house is unsafe . If you disagree, please drop me an email. If you know what these cracking and splitting boards will do to the integrity of the roof, please drop me an email.
Upon my insistence a pulte representative in the construction area came to the house on December 14th, 2006. I told him about the boards. He climbed into the attic. He leaned up on one of the boards and it broke into three pieces. He didn't see me, but I saw him. He patted the board back together. His assessment? He said that when the trusses and lumber are delivered it sometimes gets dropped. He is basically telling me that the boards were framed broken. He told me that the movement in the basement is not causing the boards to break.
The Pulte representative, the VP of construction of the greater Kansas City area told me the house was safe. Even though in my email I wanted to know what Pulte was going to do to shore up the roof, I have not gotten an answer. I was finally notified they are not going to do anything. Now that the geo-tech report has been finished, Pulte wanted to conduct a 5th structural engineer inspection in the attic. Why?
I found out via an email received on December 17, 2006 that pulte is telling people that I have not allowed them in this house (at all) to address any of the problems. This is untrue. The president of the pulte Kansas City area and the vp of construction were in this house on December 8, 2006 when the geo-tech guys were pulling cores, the structural engineer (inspection #3) and the foundation laser reading company were doing their thing. Now the vp of construction was at the house and in the attic on the 14th of December. They were in the house on January 4th attempting to fix the one door.
Regardless my comment was that I didn't want anything repaired until Pulte found out what the problem was. I don't want to expend any more time when the same thing is continually being repaired. Until the problem is solved, the 'symptoms' will continue to degrade. The broken boards, rising and splitting wood floors, racked windows, et al are 'symptoms' of the problem.
I have also found out that Johnson County is considered a zone 1 (high priority) for radon gas emissions. I do not believe my house was tested for radon. If it was tested, why didn't I receive a copy of the report? Upon review of the sales contract, it is the homeowners responsibility to test for Radon.
As of 14 January , I have not received either the structural engineer report or the report from the geo-tech on the core samples. The laser readings can be accessed here .
If you look at the numbers from the October 11th laser reading and the December 8th reading, they are still not as they are supposed to be! update
I was told on Wednesday evening, the 17th of January 2007 by a gentleman that came to my house that Pulte people were saying "terrible things about me".
Cosmetic versus structural. I have been informed in writing by Pulte that my I-beams, I-joists, the basement floor and basement (walls) are cosmetic. They are not cosmetic but the answer came to me on page 16, section 2 of Pulte's ten-year warranty. This is in the framing section but gives you the answer. paragraph 2.4 states: Enough said.
As ofMarch 5, 2007, Pulte is still stating in writing that there is 'nothing wrong with my house".
Pulte is now admitting the problems with my house were due to shoddy construction and poor workmanship, but it isn't their fault. They said it was the fault of the subs and me! (homeowner neglect)
April 17, 2007. I have been trying to ignore the signs, but again the front door is causing problems. The 'band-aid' fix that Pulte used to 'fix' the front door didn't hold. The door is getting very difficult to lock. If I brace myself against the door and hold up the handle I can get the lock and slot aligned to lock the door. The door is still unusable as of 30 July 2007. It is supposed to be repaired again by Pulte for the third time on 2 August 2007
I have seen Pulte's work proposal . Basically except for a few items in the least expensive option the geotechnical company suggested, Pulte wants to basically do very little to fix the problem. They will take out the basement floor, scrape off some of the offending soil, put in a drain and some gravel and put the floor back. They offered to fix the broken window in the basement and to mud over some of the cracks on the upper floor. The structural engineering firm, doing what Pulte tells them to do says the damage to the rising floor and the wood floor slats splitting and separating is because I didn't install a humidifier and it is normal wear and tear. When I filed my complaints with the trades board I made sure I included the receipt for the humidifier which I had installed two days after I moved in.
This house needs to be bought back by Pulte. The damage is getting worse.
April 27, 2006 a HVAC service member came to the house to check the furnace. A Pulte customer service representative was present too. Pulte could not deny checking out the furnace because it is one of the basics that is necessary and by law they cannot deny. I also had some issues with my hot water heater, but it was actually caused by some type of part in the shower faucet. Supposedly a part is being ordered to fix it. The furnace thermostat had an issue and it was fixed. Evidently it caused the fan to go on too much and therefore was sucking in too much cold air and causing the heat to turn on. This in turn caused a high heating (gas and electricity) bill.
We have been having a lot of rain and I mentioned that every time it rains, the one crack leaks. the Pulte customer representative went into the basement to check it out. Of course when it is not raining, you can't tell, so I have posted above the crack a really nice picture of the leaking that occurs. Pulte is evidently going to fix that. This is well and good, but will it restore the value to this house? The answer is an unequivocal NO!!! This damage has to be disclosed when selling and I can't imagine someone buying a house that has or has had leaking issues in addition to everything else.
The damage is getting worse. The floor is rising more causing bending and holes in the pressure points in the furnace duct. The HVAC repair guy told me that. As I mentioned it is difficult to lock the front door again and the threshold to the utility door is slowly but surely rising again even though it has been nailed down securely as was told to me by Pulte. I showed the Pulte customer service rep where the deck is coming away from the house. The cracks in the posts are getting worse also. The crack that runs parallel to the hallway is not only getting wider it is uneven. Pulte knows how bad this house is. Pulte knows this house can never be restored to the brand new house I purchased. Again all I am asking for is what I paid for - a brand new defect free house, as stated in their sales contract. This house was guaranteed to be defect free at closing.
On Friday May 11, 2007 , a representative toured my house. I told him the front door has been 'fixed' twice and because of the shifting of the house, it is broken again. I told him I couldn't lock the front door unless I leaned against the door, pushed up on the door with the handle and worked the lock back and forth until it eventually locked. He said, "Here let me try." So he did and he said, "I guess it doesn't lock." How safe can this be? In addition I cannot enter the door using the keys. It just doesn't work correctly.
If Pulte had found what the problem was when I requested in late summer of 2006, this house would probably not be damaged like this. They continually resisted and in my opinion only after I was on television did Pulte say they wanted to find out what the problem was. Of course now, it is being said that it is my fault. Well, it is NOT. It is not my fault that Pulte resisted time and time again. It is not my fault that Pulte didn't want to find out what the problem was. It is not my fault the damage has escalated. It is not my fault that Pulte didn't take the time to conduct soil testing before the house was built and/or during construction.
During the morning of Friday the 25th of May 2007 , a crack in the basement was caulked/siliconed over to prevent leaking. In addition, there was a malfunction with the shower faucet component in the master bathroom. This was also fixed. I have to believe the shower component will give me no more problems. However, with the foundation walls buckling whether the crack will cease to leak, well that is an unknown.
On 20 June 2007 , my homeowners insurance was cancelled. My insurance company of over 30 years told me they could no longer take the liability. Pulte's band-aid patch would not allow this house to be reinsured by my insurance carrier. Pulte still denies there are any problems except for minor repairs.
Yesterday, Wednesday the 27th of June 2007 Pulte finally laid the last length of sod along the west side of my property, approximately two feet wide and the entire length of the property. I can't tell you how long I have been telling them they didn't finish sodding my property. One of my sprinkler heads was on the unsodded part and as part of the work proposal Pulte did offer to move the sprinkler head onto my property. It was already on my property!!! My question is, after almost a year of arguing this issue why are they willing to put down sod? Is this going to remedy the defective construction? Since I cannot use my sprinkler system nor water my lawn because the geotechnical company recommended I do neither, who will water is in question.
On 2 August 2007 , I met with the Pulte customer representative. We started to go over the list of 56 items I had for the 11 month walk-through. According to the warranty, there are supposed to be several walk-throughs over the year. This is my first one since before closing. I had to demand this walk-through. After going through four or five of the issues, he didn't want to go through the rest on the list. I told him there were two easy fixes on the list and one was the dead tree on the easement, and the screen door. I stated I told the Pulte customer service representative three weeks after moving in they forgot to put a screen door on the slider. The Pulte customer service representative on 2 August 2007 told me, and this is exact, "the screen door is on order." I looked incredulous as I stated, "It has been on order for a year?" I was told by the customer service representative if Pulte went to the trouble to get experts to find out everything that had to be repaired, I had to agree to the repairs. I would not. I would not agree to something I had no idea what it contained.
My friend Cindy (another homeowner with a defective house in the subdivision) and I met with the VP of Finance of the greater Kansas City area for Pulte on Wednesday the 15th of August 2007 . I am making the assertion that he is the acting president as the other president is no longer an employee. The gist of the conversation is that Pulte wants to do something that will make both of us (Pulte and me) happy. Pulte is unwilling though to repair the house so that I can get my insurance reinstated. They should garner some integrity and honor and buy this house back. I closed on a house that was promised to me in the Pulte sales contract that it was free of defects. It NEVER was.
On Monday, 27 August 2007 , I received an email from John Conley, the VP of Finance (acting president of the greater Kansas City Pulte) at 9:58.58 a.m. stating that if I agreed to the repairs then Pulte would give me a revised work proposal. I will not agree to a proposal that I cannot review and it would be stupid on my part to do so. The initial work proposal did not address the cause of the damage nor does it address 95% of the damage. In addition it would not allow my carrier to reinstate my homeowner's insurance.
Remember this house is now 2 years and almost 7 months old. I was only living in this house 28 DAYS when I realized there were problems. I don't know what is going on beneath this house, but it is happening at an alarming rate. Just imagine the type of force that is required to push the framing off the foundation 1/2 inch in 4 months!!!
I now know what is going on beneath the house and it is not good. Expansive soil. I have found the entire subdivision has been built on expansive soil. Evidently there is a huge area that includes this subdivision that has expansive soil, and wetlands. This is not the only new subdivision being built in this area either. These new findings only validate what I say - make sure the soil is tested before agreeing to the purchase of any house regardless of the builder.
The bottom line up front. the soil was not tested before the house was built. Therefore the foundation was not designed, engineered or built properly to withstand the expansive soil environment. Once the house was built, the foundation failed causing structural damages and defects. This house will never be the same. It will never be what I paid for - a brand new home free of defects. It will never be able to be sold. Who will buy a house when I have to disclose (as stated by the law) the house was built on expansive soil?
If the soil was tested and the foundation designed and engineered correctly none of what I state on this web site would probably have happened. Is this my fault? Of course not. I simply trusted the builder and his sales staff and that was my mistake.
I am posting the work proposal sent by Pulte.
This link will take you to the results of an infrared inspection which found vinyl siding installed incorrectly and moisture is being leaked in between the vinyl siding and the framework when it rains and more. This inspection was conducted on my friend's house who also lives in a defective house. Upon inspection of other homes in the neighborhood, their vinyl was installed the same way.
I have told no lies or embellished the truth on this web page. If you are local and would like to tour the house, please send me an email. I can provide proof for everything I have stated.
Attempting to be a detailed person I have kept every email and piece of correspondence from Pulte since January 2006. I even have some emails between the sales person and I before I signed the contract on 7 January 2006. I have the proof. I decided to post a picture of "the book". It is concise. In fact there is 13 one-half pounds of documentation.
Pulte leaving is not something new. Whether warranties will be honored and whether there is a warranty is the issue.
Pulte Homes, the metro's largest developer, confirmed they are withdrawing from Kansas City. Company spokesman John Conley says sluggish home sales are to blame.
"Ultimately we were unable to achieve a consistent sales volume that would allow us to operate as profitably and efficiently as we would like to. So we are going to start redeploying capital to other markets," he explained.
The phased withdrawal will being in about three weeks. It is expected to be complete in September of 2010.
This comes as worrisome news for people living in more than 2,000 Pulte homes across the metro.
"It does concern me," said Aimee Kelso who lives in one of Pulte's Lenexa, Kan. communities.
She says overall her family is happy with their experience with Pulte. But she added that one of the reasons her family chose Pulte is because of their long-term warranties.
"That was one of their biggest selling points - their outstanding warranty, said Kelso.
But Conley says homeowners have no reason to worry.
"We will remain here in Kansas City... until 2010. At which time if they do have warrantable concerns beyond that Pulte will still service the warranty. It will likely be with individuals in other markets," he said.
That doesn't ease all of Kelso's concerns.
"I guess I worry about the customer service I'm going to be getting. When you are talking to someone on the phone long distance, I don't know how that is going to be," she said.
Pulte plans to find homeowners for all of their existing homes. They will sell their lots to another developer.
"We don't have any other plans than to market our homes at whatever the market will bear," said Conley.
But if those prices are significantly lower than what neighbors paid for their homes that's another issue.
"There's a possibility we will be moving again and if our resale value is lowered because of that, that doesn't make me very happy," said Kelso.
All of Pulte's local employees are being offered a severance package.
The company plans to begin cutting employment in phases, the first of which will occur in less than three weeks. The next round of job cuts will be in March.
Amendment 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
More insight into the legal explanation of this amendment can be read on this page:
First Amendment - An overview
Of particular interest is the following:
The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicates a message.
Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.
We are also protected by other laws. USC Title 18, Section 1513, federal whistle blower laws protects those that are informing the public about
possible federal crimes such as predatory lending.
If you want to talk, have stories of your own, or would like some information, please send me an email.
created: 21 October 2006 updated: 1 February 2010
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Mr. Richard Dugas, CEO Pulte Homes
100 Bloomfield Hills Parkway
Bloomfield Hills, Michigan 48304
![[pics of the house located at 23505 W. 93rd St. Lenexa, KS]](Http://www.justanotherlemon.com/CCFL/lenexahouse.jpg)
Pulte will cut down (cut out a piece of the joist) the raised joist so that a new door can be installed so I can close the door to the garage. They will tape and mud over the separated dry wall on
the cracked areas. They keep telling
me they will do their best to make me happy and will do what it takes, but it is obvious this house needs more than a little band-aid.
"Cosmetic components will be repaired for a period of one year."
Metro Area Homebuilder (Pulte) is Moving Out Of The Metro
OF THE UNITED STATES
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