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WHAT IS A CONSTRUCTION DEFECT?



The definition of a construction defect is: Construction defects usually include any deficiency in the performing or furnishing of the design, planning, supervision, inspection, construction or observation of construction to any new home or building, where there is a failure to construct the building in a reasonably workmanlike manner and/or the structure fails to perform in the manner that is reasonably intended by the buyer.

A construction defect is also a condition in your home that reduces the value of the home.

Construction defects include:

The trial courts have recognized that construction defects are tangible and can typically be grouped into the following four major categories:

The courts have typically used these categories and associated standards to determine culpability for construction defect problems. The metric used to measure is whether the specific condition under review has violated any applicable building codes, is the direct result of construction means, methods, or practices that are below the standard of care in the building industry, resulted from a deviation from the Permitted/approved plans and specifications, or the specific condition is below the reasonable expectation of the home buyer/owner.

If you suspect foundation issues with your house, look for the typical indications:

Interior indications

  • Doors and windows that no longer easily open and close
  • Large gaps between the doors and the door frames
  • Cabinet doors that no longer close properly
  • Cracks or ripples in vinyl or ceramic tile flooring
  • Cracks in concrete floors or concrete foundation beams greater than 1/32 inch wide
  • Cracks in the wall or ceiling sheet rock
  • Uneven or sloping floors
  • Bowed walls
  • Cracks above doors or at wall corners
  • Walls separating from floors

Exteriod indications

  • Cracks in the exterior slab or brick work
  • Mis-aligned outdoor wood trim
  • Separation of wood and brick at sides of garage or at exterior corners
  • Sagging or uneven brick lines
  • Wood trim separation at corners




14 September 2007. Lot 53, in the Timbers section of the Reserve is available again. The prospective buyer declined to purchase the house because of issues that would not be remedied.



11 May 2008. Another house available. The prospective buyer declined to purchase the house because of issues that would not be remedied.



Please note what is inside the circle in the For Sale sign. This, my friends, besides the economy is the reason house values are plummeting in this subdivision. This house is for sale for $195,990. Last summer 2007 a similar model sold for $249,900! That is a decrease in value of $53,710.00 in just one year!

Also, Kansas Real Estate Law states that both the seller and the realtor have an obligation to disclose both obvious and hidden defects with the house and/or the surrounding area.

It further qualifies the realtor's obligation to the buyer by stating "duty to include facts and information within the Realtor's KNOWLEDGE or READILY AVAILABLE to the Realtor..."



Foundation issues within the Reserve subdivision can be viewed on the following page:

The Reserve



WHAT'S UP WITH THE PULTE SUBDIVISION STEEPLECHASE IN LEAWOOD?



There are a lot of permits displayed in the windows of the houses in the Pulte Steeplechase subdivision in Leawood, Kansas. It appears there are some issues with the siding and stucco on these homes. These pictures were taken the week of July 2, 2007 . I understand there are more houses to be repaired. Stay tuned for more pictures.

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This is mold!!!

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OTHER PULTE HOUSES WITH CONSTRUCTION ISSUES


Check out this flyer. It was developed by Building Justice . See link below. Ask Pulte about home warranty exclusions .

Building Justice One Home at a Time This is a definite must read and a real 'eye-opener'.

Another resident in the Lenexa Kansas Reserve Subdivision.

Check out this site. It is an eye-opener to say the least.

Poorly Built by Pulte Current and prospective owners of poorly built homes by Pulte need a place to go. To organize. To share information. To compare notes. To tell their stories. www.PoorlyBuiltbyPulte.info is that place.

Inspectors order repairs to hundreds of roofs This story is about Sun City Hilton Head homes, high end houses built by Pulte.

P.E., retired This blog is about the Pulte houses in Sun City Hilton Head and the issues with the roof trusses.

Shoddy construction destroying Arizona dream homes (Del Webb - a Pulte subsidary)

Couple site moldy home, fraud in suit vs. developer DiVosta (a Pulte subsidiary)

Some Sun City homes were approved for occupancy despite flaws, records show (Pulte Homes)

My Pulte House

Consumers for Quality Houses Complaints from Michigan

Pulte pulling out of two Kansas subdivisions


Look for the video titled, "Pulte home sales". Most of the vacant ground has already been sold to a developer in the subdivision .

This is an older story, but the stripes have not changed. Do home warranties offer protection for buyers? (featured - a defective Pulte home)

Pulte Homes appears to have stopped work on huge project

Workers rally to ‘build justice’ at Pulte

Workers on Pulte job sites regularly report dangerous working conditions, pressure to work too quickly and to bypass recognized safety precautions, substandard wages, lack of vacation and sick days, and lack of affordable family health care. In 2006, Pulte’s chairman/CEO got a pay boost of nearly 12 percent. That year the total compensation for the company’s top five officers was $46.9 million.


House Arrest (Arizona) Del Webb owned by Pulte (August 24, 2006)

Soiled Hands (Arizona) Del Webb owned by Pulte.

"It's no surprise that builders take shortcuts to make money. What might shock you: Government officials -- from regulators to legislators -- do little to stop them"

Del Webb, owned by Pulte settles class action lawsuit . "To resolve the class action suit, Del Webb repaired more than 600 homes and paid $21.5 million to the more than 6,500 class members, including those whose homes were not repaired."


Cracked Houses "Homes all over Arizona are falling apart. Blame the bad soil -- and the lousy construction."

This is a long article and other houses besides Del Webb are mentioned. Bottom line is: big builders are building defective houses and they do not care! Why? Because they can hide behind the binding arbitration clause. Ban the binding arbitration clause.

Corruption and Pulte Homes Blog

Homeowners Sue Pulte Homes

Two Lawsuits Filed Against Pulte (August 2007)

Builder Pulte Homes Schedules Massive Mold Cleanup in Apple Valley, California ( June 2007) Scroll down to the middle of the page.

Homeowners Deal With Faulty Plumbing In Pulte Homes


Pulte Corp Pulte Lied and refused any responsibility for Obvious Latent Construction defect. Pleasanton California

Click here to read the class action lawsuit regarding water intrusion in homes.

Stucco problems in Sun City, SC. Class action suit against Pulte/Del Webb

Stucco problems in the Reserve, the Villas, Lenexa, KS

The Sow's Ear - Heaving, cracks and the builder [Pulte Homes]

RIJ The Inspector's Journal Online interesting questions about stucco, and Pulte

Lawsuit against homebuilder expands (Pulte) This is from May 11, 2005, but it appears the same problems occur time and time again.

The Pulte Homes Experience

Dean Drive residents want clean water

"Pulte has a history of putting the township between a rock and a hard place" with such requests. Laslo mentioned that the houses that fell on top of the wetland border and that are most afflicted by the required fence were sold at a premium since they back up to protected open space. She also said that since a lot of those homes have been sold already, that Pulte has probably not informed their new buyers that before they can move in a fence must be erected, once again causing the township to enforce a law that new residents won't appreciate, when Pulte should have informed them from the beginning."

Small group of protesters rallies against Pulte An interesting article dated December 13, 2007 on how Pulte treats its workers.

Condo disputes keeps residents out

Pulte takes back control of Sun City board While Pulte officials said the majority takeover will help protect their investment in Sun City, residents say the move is a “smokescreen” for problems that aren’t being disclosed....One resident, a retired builder, said Pulte needs to convince residents that taking majority control of the board — without a vote — is a good idea. “It needs to pass the fairness test and the smell test,” he said, concluding Pulte didn’t pass either one. this story is no longer available on the web

Sun City crowd skeptical after Pulte takes majority control This is the Sun City board meeting and what happened after. The newspaper went out of it's way especially since the reporter was almost thrown out of the meeting by Pulte' security guards. A person that attended the meeting told me about the reporter.



Sun City residents need full incorporation debate More information on Sun City. Since Pulte took back their board positions in the HOA, issues raised previously are being ignored. Since the articles go to archive sooner than I would like, I have also included a copy of the article for future reading.

Troubled Waters: Are Sun City's Lagoons Polluted?


Homeowners Survey Reports Construction Defects In Pulte And Del Webb Built Homes

Poorly built by Pulte Homes This is a site where you can post your comments about your house, Scroll down toward the bottom of the page.

Huge Development Carolina Ridge in Jeopardy Over County's Doubled Sewer Fees

Class Action suit against Pulte/Del Webb. Pulte Home Corp. and Del Webb Homes illegally require homebuyers to use their affiliated mortgage companies, Pulte Mortgage and Dell Webb Mortgage Corp., to buy a home, a class-action complaint claims in Placer County Court, Calif.

Pulte Homes warned to fix sewer problems This is an over 55 community.

Pulte Homes New mexico problems Another homeowner with defect issues with his house.

1,000 homeowners sue developer Del Webb

Pulte Home Builder ripoff construction defects drainage grading foundation problems house splitting Scottsdale Arizona There are other ripoff reports on this builder. Just make a search. I was also told that I didn't have to disclose any repairs made on the house. In Kansas, this too, is against the law.

Pulte ripoff unwilling to do warranty work Bloomfield Hills Michigan

Pulte Homes New Mexico Problems Not Repaired In REASONABLE timeframe, Still Question if proposed Repairs meet code & Manuf. Guidelines. Albuquerque New Mexico

NEW Another Del Webb (owned by Pulte) subdivision filing a class action suit for defective housing. Is a pattern being established? NV, AZ, SC, and now CA. Cloverdale homeowners sue

West Side Buyers Sue Pulte

West Side Buyers Sue Pulte (2nd article)


Supreme Court ruling goes against large homebuilders 729 Del Webb homeowners can sue builder

note: Four of the Nation's Largest Home Builders Settle Storm Water Violations Pulte, one of the four builders was fined $877,000 to resolve alleged violations of the Clean Water Act, the Justice Department and U.S. Environmental Protection Agency (EPA) announced. Pulte Homes has also agreed to complete a supplemental environmental project at a minimum cost of $608,000. The project will reduce the amount of sediment going into a northern California watershed and improve the habitat for aquatic life. (June 2008)

This document was written by the EPA and is a follow-up to the article above. It outlines the violations the EPA discovered when conducting inspections at Pulte Homes construction sites located throughout the country. Pulte Homes, Inc. Clean Water Information Sheet

Excerpts verbatim : The types and severity of alleged violations vary for each site but generally include:

  • discharge of polluted storm water to storm sewers or waterways without obtaining an NPDES permit;
  • failure to develop an adequate Storm Water Pollution Prevention Plan (SWPPP) for minimizing the amount of sediment and other pollutants in storm water runoff from the sites;
  • failure to install or implement appropriate storm water controls or best management practices (BMPs) required by the SWPPP (for example: silt fences were not installed in all required areas; BMPs to prevent sediment from entering storm drains were not installed; no BMPs were installed at construction entrances to prevent offsite trackout of dirt; concrete washout basins were not installed to prevent concrete from flowing into storm drains; portable toilets were located directly on top of storm drain inlets without BMPs to prevent spills from entering the storm drain);
  • incorrect installation of BMPs (for example: silt fences were not properly trenched in; sediment ponds were not completed prior to commencing site grading);
  • failure to keep BMPs in effective operating condition (for example: silt fences and storm drain inlet protections were full of sediment and no longer effective; silt fences had fallen down or had holes; construction entrances needed additional rock);
  • failure to adequately or routinely inspect BMPs to ensure proper operation and maintenance.

Pulte Homes has agreed to a settlement with the United States and the States of Maryland, Tennessee, Colorado, and Nevada, and the Commonwealth of Virginia to resolve these alleged violations.

Pulte cannot omit mortgage risk proposal What does this say in the scheme of things? You be the judge. This is important to consider when dealing with any builder. What is behind that curtain?

Mortgage fees get broader disclosure Last year, HUD reached settlements with six large builders -- Pulte Homes KB Home, Beazer Homes USA, Ryland Group, Meritage Homes and Technical Olympic USA -- for participating in captive reinsurance schemes

Air Quality Violators pay over $440K in February. Pulte Homes Corporation signed a settlement agreement for $160,000.00 on February 12th to resolve 44 alleged air quality violations.


Small victory for Sun City Summerlin residents: Builder fined for no-shows Score One for the little guys!!

Homeowners saw carrot, get delay

Citizens Revolt Against Pulte This is a blog where people who own Pulte homes and have experienced shoddy construction can post.


John and Cindy Daughtery another homeowner in the Reserve subdivision were highlighted in the following article. Their house was also assessed a property value of ZERO for the year 2008. How to Prevent New Home Defects


Some of the articles are no longer available on the web because they are archived, HOWEVER it does not make any of the issues go away.







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