Services We Provide
March 31, 2000
Lawyer
Client
RE: 1234 Old STREET, TORONTO, ONTARIO
An inspection was performed at the above captioned address on February
21, 1999.
The purpose of the inspection and this report includes:
- to comment on the quality of workmanship and the itemization of construction
defects.
- to identify any uncompleted items which fall within the contractor's
contractual obligations.
- to quantify the remedial work and uncompleted work.
- to comment on the general building practices exercised by the contractor.
PARTIES INVOLVED IN THE DISPUTE
For the purposes of this document, Mr. ABCD will be referred to as "the
owner". XYZ Homes will be referred to as "the contractor".
PERTINENT DOCUMENTS AND AVAILABLE INFORMATION
For the purposes of this report we have relied on the following:
(a) Purchase contract dated between:
Mr. ABCD
and
XYZ Homes
(b) The Order to Comply issued:
(c) The Architectural Plans entitled:
(d) Outline Specifications for design, building construction dated:
(e) Payment schedule dated:
(f) Information provided to us by Mr. ABCD which was deemed to be true
and accurate.
SCOPE OF WORK
The contractor was to construct the foundation, basement partitions,
porch and garage/loft and assemble the factory-built modules as designed
and constructed.
GENERAL INTRODUCTION
The owner's contracted XYZ Homes and UVW Homes to construct a single
family dwelling on the owner's land. The agreement was signed on September
7, 1998. It was the responsibility of the owner's to undertake the excavation.
This was done in one day, on or about November 8, 1998. The foundation
construction commenced in approximately mid-November 1998.
Questions quickly arose regarding the proper construction of the foundations.
We were not party to observe this portion of the construction. However,
if the allegations regarding the general mismanagement of the foundation
wall construction are substantiated, they are considered by us to be
quite serious.
The incomplete pre-fabricated modules were delivered to the site and
assembled on December 13 and 14, 1998. Shortly after the dwelling was
assembled, extensive water damage occurred.
An Order to Comply was issued by the town Building Department on January
6th. It was determined that an important structural detail was not in
compliance with the Ontario Building Code. Ontario Hydro also has apparently
issued an order to comply. Shortly thereafter, the work apparently tailed
off to a standstill.
The Outline specifications for Design and Building Construction-UVW
Homes Ltd. (dated Oct. 5th/98) states the following:
Site Management: "the vendor (contractor) will provide an experienced
and qualified supervisor who's responsibility will be to ensure quality
and proper construction practises."
Significant evidence is available which suggests that this project
has been poorly managed by the contractor. The following are items which
support this claim.
- The concrete block foundation and the basement floor slab may not
have been properly protected from freezing. This question cannot be
verified by us as we were not witness to the construction. However,
it has been purported by the owners that neither the block foundation
nor the basement floor slab were adequately protected from the freezing.
- Provisions were not made to restrict the entry of rain and snow
into the building. The flat roof section above the living room was
obviously not properly protected resulting in significant damage to
the living room and dining room ceilings. The exterior walls were
not temporarily sealed. Rain water has penetrated the tops of most
windows causing excessive water staining of the natural oak window
casings. The gable ends at the attic level were not protected. Missing
and/or loose pieces of plywood exist. As a result, snow and rain is
infiltrating into the attic space resulting in snow and water accumulation
on the attic floor.
- The chase opening of the proposed fireplace has been left unprotected.
Rain water and snow has a clear path into the basement.
- The construction of the footing and foundation wall was apparently
riddled with misadventure.
- The garage and loft addition has been framed in a manner which
is well below the expected quality. In addition, the loft ceiling
has been framed 20 inches lower then what the plans have specified.
- Problems have not been addressed with haste and diligence.
- A temporary ladder or stair and guard rail has not been provided
to connect the main floor to the second floor. This is a severe safety
hazard. It is the contractor's responsibility to maintain safety on
the site at all times.
COST ESTIMATING
Cost estimates provided in this report are based on the following:
- licensed tradespeople performing all the work.
- all work performed will be under the supervision of a working general
contractors who will be undertaking a bulk of the work.
- all workers fully insured, bonded or covered under workman compensation.
- quality of work and material consistent with that which was intended.
- the purchase of all materials including the time taken to deliver
to the site.
Note: Cost estimates contained in this report are included with
each quantifiable defect or uncompleted item.
REMEDIAL WORK IN UNOCCUPIED BUILDINGS Building contractors are generally reluctant to get involved in construction
projects which have soured. As a result, costs to repair and complete
the project will be marginally higher than market value.
The firm contracted to undertake the remedial work will not realize
the same savings or economy of scale enjoyed by the original contractor.
Each task will have to be dealt with on an individual basis. All repairs
and completions will have to be done on a customized basis. As such,
the costs to complete the dwelling in a good workmanlike manner will
be much higher.
It is expected that when there is a change in management or supervision
of a building project there will be a certain amount of double work
and duplication of effort. The new contractors and sub-trades (ie. heating
technician, plumber, electrician, etc.) will want to provide a thorough
review of the systems in place before proceeding with new work. This
is necessary so that the new sub-contractors can provide reasonable
guarantees for the performance of the completed work. This is another
reason why the cost to complete the project will be much higher.
BUILDING STANDARDS REFERENCES
All references shown after the following incompletions or deficiencies
refer to the:
(a) Ontario Building Code
(b) Electrical Safety Code
(c) Residential Standards (CMHC) (1980)
The following have been completed in a deficient manner and will require
rectification.
- The sill plates of the garage exterior frame walls are not properly
anchored to the basement foundation wall. Completion of the anchor bolt
installation is required.
Ref. O.B.C. 9.23.6.1.(2)
- The steel column(s) in the basement have not been properly fastened
to the steel beam to prevent lateral movement.
Ref. O.B.C. 9.17.2.2.
- The wood column(s) in the basement have not been separated from
the concrete floor by a moisture barrier.
Ref. O.B.C. 9.17.4.3.
- The double header and double trimmer joists in the basement are
underfastened. Additional nailing is required.
Ref. O.B.C. 9.23.3.A.
- The underside of the (east section) wood partitions in the basement
are required to be properly damp proofed between the wall and the concrete
floor. Removal of these partitions will be required in order to comply.
In addition, this partition has been severely compromised. Two studs
have been cut to accommodate the main trunk of the air duct system.
Ref. O.B.C. 9.23.2.3.(1)
- The main plumbing drain line in the basement is installed in a
deficient manner. The reasons are:
- (a) The drain is leaking at the elbow joint (at the south-east section
of the basement)
- (b) The drain does not have the required slope where it runs parallel
to the wood partition in the basement. In fact it drains/slopes the
wrong way.
- (c) The drain has been installed right against and in front of the
operating basement window.
- (d) No provisions have been made for the required below -grade connection
to the septic tank.
- All basement windows have been installed improperly. No provision
has been made to support the load of the floor joists load directly
above these windows.
- The sill plate at the south-east section of the basement has not
been positioned fully on the foundation wall. As a result the required
bearing support is not achieved.
Ref. O.B.C. 9.23.7.2.(1)
- The living room/dining room floor assembly has been underbuilt.
The floor has been constructed using 2" x 10" #1/#2 spruce at 16" o.c.
with a 15'-4" span. The OBC only allows for a span of 13'-8" max.
Ref. O.B.C. 9.23.4.1.(1)
- The cantina foundation does not tie into the main house foundation.
As a result, the cantina wall is already staring to separate away from
the main foundation.
- The duct work below the kitchen floor has not been properly isolated.
The duct work vibrates when the floor above is walked on.
- The basement stairs have been installed deficiently. The stair
landing (supported on the basement floor) is not as long and as wide
as the stair width. This landing was necessitated due to the stairs
being too short.
Ref. O.B.C. 9.8.4.1.
- In addition, a shim has been fastened to the intermediate landing
which is forcing the adjacent wall to bulge outward.
- The foundation wall has been coated with an approximately 1/4"
parging. The outline specifications dated October 5th, 1994 called for
1/2" parging of the exterior foundation wall.
- No provisions have ben made for the installation of proper basement
window sills at the exterior. The basement windows are resting right
on top of the exposed hollow core block. This shortcoming coupled with
the improper floor support above the basement windows at the interior
necessitate new smaller basement windows to be provided.
- Extensive plaster repair has been undertaken throughout the house
as a result of the aforementioned water damage. A spot prime and one
complete coat of paint to all surfaces is required.
- There is an excessive floor squeak in the master bedroom. The
cost cannot be substantiated but the likely cause is uplifting or loose
sub-floor panels. The carpet should be removed and the sub-floor panels
should be screwed down to the floor joists.
- One of the main rafters at the east side of the attic has been
damaged beyond repair and requires to be replaced.
- Two main plumbing vents terminate into the attic. These vents
should have been connected and installed through the roof prior to the
installation of asphalt roofing shingles. This detail must now be completed
very carefully in order to conform with the building code regulations.
Ref. OBC 7.5.3.1.
- The significant amount (ie. approx. 20 - 30 square feet) of insulation
has been snow and water damaged. This insulation must be removed from
the attic and replaced.
- Interior window jambs have been water damaged. Care was not exercised
to restrict the entry of rain through the tops of the windows at the
exterior. As a result, the untreated natural oak has been water stained.
Extensive remedial work and/or replacement of this wood trim is required.
- It has been suggested by the designer of this factory built house
that it is acceptable to support masonry directly on built- up wood
beams. This is totally contradictory to the Ontario Building Code regulations.
A significant redesigning of the structural supporting elements will
be required in order to comply with the Ontario Building Code and building
practices.
Ref. OBC 9.20.5.1.(1)
- The steel beam is not fastened to the garage structure properly.
The beam is supported by built-up wood columns. The wood columns are
not fastened to the beam. Steel columns should be substituted in order
to comply with building code requirements.
Ref. OBC 9.17.2.2.
- The sill plates of the garage exterior frame walls are not properly
anchored to the foundation wall. Completion of the anchor bolt installation
is required.
O.B.C. 9.23.6.1.(2) & 9.35.4.3.
- The wood framing quality of the garage and loft area is well below
the accepted industry standards. The reason for this are as follows:
- a) many poor joints exist between the rafters and the ridge board.
Ref. OBC 9.23.13.1
- b) most framing members and sheathing have been underfastened.
Ref. OBC 9.2.3.3.14
- c) the double rafters have not been nailed together properly.
Ref. OBC 9.23.3.A
- d) the roof sheathing has been butted without leaving the required expansion joint.
Ref. OBC 9.23.15.3
- e) joist hangers have not been installed in the required areas.
- f) the sub-floor has not been installed using adhesive as required in the plans/specs.
- The south facing upper house module appears to have been installed
one inch and one-half beyond the lower module. As a result, the brick
will have to be stepped out to compensate for this unanticipated outward
projection.
It appears that the exhaust outlet for the furnace is to close
to a window. The manufacturers' instructions should be consulted but
in our opinion the furnace exhaust is too close.
- The dining room and living room ceiling and internal insulation
needs to be replaced. This is required due to the excessive water damage
that has been sustained.
- The main plumbing line and the main air duct trunk has been installed
against the partition separating the two basement levels. The placement
of the drain and air duct conflict with the headroom at the proposed
door entrances. If the plumbing lines/air ducts had been installed on
the other side of the partition, there would be no conflict with headroom
requirements.
- It was observed that the electrical wiring within the living/dining
room ceiling cavity has not been properly clipped to the frame. This
is a direct violation of the electrical safety code.
Ref. Electricity Safety Code 2-108, 12-614(a)
- Abnormal deflection is noted in the living/dining room floor assembly.
This correlates with the undersized joists used to construct this floor
assembly.
- Provisions have not been made to support the brick at (the upper
gable roof (the east section of the house). A steel beam will be required
to be installed in order to complete this house according to the architectural
specifications.
- The kitchen counter top needs repair (ie. scratched and gouged)
Two upper kitchen cabinet doors do not match the rest of the cabinets.
These doors will have to be replaced as the grain and colour are different.
In addition, several cabinet drawers do not align or operate properly.
The base kitchen cabinets have separated from the kitchen wall and will
require refitting.
UNCOMPLETED ITEMS
Basement:
- Lateral support (1" x 3" wood strips nailed at both sides of beam
to the underside of the floor joists) for the steel beam has to be completed.
Ref. O.B.C. 9.23.4.2.(3)C.
- Joint hangers, or other acceptable connectors, are required to
be installed at various locations.
Ref. O.B.C. 9.23.9.2.(2)a.
- The sump pump and sump pump discharge has not been installed.
- 4. The furnace venting system and the fuel oil storage tank has not
been installed.
- The heat recovery ventilator intake and exhaust lines have not been
installed.
- The foundation wall is required to be insulated from the bottom
of the floor sheathing to the basement floor.
Ref. O.B.C. 9.25.4.9.(1)
- The cold storage room door should be solid core (exterior rated)
and should be effectively weather stripped, as per Oct. 5/94 specs.
Ref. O.B.C. 9.25.2.1.
- Supply ventilation to cold storage room in basement.
O.B.C. 9.32.3.1. and O.B.C. 9.32.3.A
- Complete insulation around the basement windows frames.
- Partitions around the mechanical room have not been constructed.
- The basement floor has not been painted or sealed.
- The handrail has not been provided to the basement staircase.
- The electric hot water heater has not been installed.
- A central humidifier has not been installed to the furnace.
- A floor drain has not been installed to the basement level. This
was specified in amendment to original contract, page 3, dated August
7th, 1994.
- The laundry room connections in the basement have not been installed.
- The exterior porch inclusive of porch posts/roof/decorative trims
and porch ceiling has not been supplied or installed.
- A 200 amp service panel has not been installed; all electrical
connections therefore cannot be tested as the house is not energized.
In addition, there are a lot of uncompleted items in the basement with
respects to the electrical wiring and installation of plugs and outlets.
The mast/meter and main electrical entrance has not been installed.
- Most joist hangers in the basement are underfastened. Further
nailing is required to comply with the manufacturer's specifications.
Main
- The green house/solarium off the breakfast room (rear) is missing
one roof window section and interior finishes - drywall, trim, etc.
- Most baseboards in the dwelling have merely been tacked on and
are not nailed, many are damaged.
- The chimney and flue have not been installed to accommodate the
living room fireplace.
- The stain grade solid oak primary staircase and railing system
has not been installed. The secondary solid oak staircase to the loft
has not been installed.
- 24. A large portion of the mechanical and electrical connections of
the modules has not been completed. For example, air ducts are not joined
within accessible areas. Electrical junctions have not been completed.
A significant amount of work is yet to be completed.
- Carpets for the library and studio have not been supplied or installed.
- 26. A 30" x 26" vanity cabinet has not been supplied or installed
in the ensuite bathroom as specified in Schedule B.
- 27. Mirrors and ceramic tiles in the main second floor bathroom have
not been supplied or installed.
- 28. Oak baseboard, window and door trim, staircases and railings have
not been stained and sealed. This was specified in the modified Schedule
B.
- 29. A base cabinet, complete with built-in laundry tub, has not been
supplied and installed in the basement.
Garage
- Three overhead garage doors have not been supplied and installed.
- The garage loft has been 95% framed in. Stairs have not been provided
to the second level. No mechanical rough-ins have been undertaken. No
electrical, no drywall, no carpets, etc. Essentially, this portion of
the contract is only 15% to 20% complete.
- The garage concrete floor slab has not been poured in place.
Exterior
- The soffits, fascias, eavestroughs and downpipes have not been
installed.
- The 12" decorative railing and trim at the flat roof (above living
room) has not been supplied or installed.
- The flat roof above the living room has not been surfaced with
a waterproof membrane along with the appropriate wall flashings and
joints.
- The concrete porch floor slab has not been poured in place at
the front and south-east section of the house.
- The exterior steps have not been installed off the greenhouse room
entrance.
- Two decorative louvre gable vents have not been installed to the
apex of the gable ends.
- All exterior brick work including key stones have not been supplied
or installed.
- Exterior pot lights have not been supplied or installed.
- Exterior garden hose connections have not been supplied or installed.
- Exterior concrete steps at the front entrance have not been supplied
or installed.
Omissions
There is a high probability that certain defects and uncompleted items
may gone unnoticed due to the latent nature of construction deficiencies.
It must be understood by all parties that this report underscores the
minimum completion and correction requirements.
- Every effort has been made to provide this report with the most accurate
and practical information for the purpose intended. Should you have
any concerns regarding the opinions and recommendations stated in this
report, we encourage you to contact us. This will help you avoid any
unnecessary work and extra cost associated with our recommendations
stated herein.
- Thank you for your consideration of Baker Street Home Inspection Services
Inc. If we can be of any further assistance, please do not hesitate
to call.
Sincerely yours,
BAKER STREET HOME INSPECTION SERVICES INC.
APPENDIX "A"
COSTS TO CORRECT SPECIFIED REMEDIAL WORK:
|
1
|
$1,200
|
|
2
|
$400
|
|
3
|
$50
|
|
4
|
$50
|
|
5
|
$900
|
|
6
|
$450
|
|
7
|
see # 14
|
|
8
|
see # 1
|
|
9
|
$720
|
|
10
|
$1,400
|
|
11
|
$150 Subtotal $25,970
|
|
12
|
$850 GST $1,817.90
|
|
13
|
$700 TOTAL $27,787.90
|
|
14
|
$1,800
|
|
15
|
$3,300
|
|
16
|
$300
|
|
17
|
$120
|
|
18
|
$220
|
|
19
|
$160
|
|
20
|
$1,300
|
|
21
|
$4,000 +
|
|
22
|
$400
|
|
23
|
$350
|
|
24
|
$550
|
|
25
|
n/a
|
|
26
|
$1,000
|
|
27
|
$1,500
|
|
28
|
$450
|
|
29
|
$400
|
|
30
|
n/a
|
|
31
|
$2,500
|
|
32
|
$600
|
APPENDIX "B"
COSTS TO FINISH UNCOMPLETED ITEMS IN A GOOD WORKMANLIKE MANNER
|
1
|
$120
|
|
2
|
$100
|
|
3
|
$380
|
|
4
|
$750
|
|
5
|
$450
|
|
6
|
$780
|
|
7
|
$550
|
|
8
|
$300
|
|
9
|
$220
|
|
10
|
$920
|
|
11
|
$500
|
|
12
|
$130
|
|
13
|
$420
|
|
14
|
$480
|
|
15
|
$380
|
|
16
|
$800
|
|
17
|
$9,712
|
|
18
|
$2,600
|
|
19
|
$100
|
|
20
|
$520
|
|
21
|
$310
|
|
22
|
$3,200
|
|
23
|
$4,200
|
|
24
|
$2,00
|
|
25
|
$1,900
|
|
26
|
$650
|
|
27
|
$825
|
|
28
|
$3,400
|
|
29
|
$450
|
|
30
|
$4,200
|
|
31
|
$25,000
|
|
32
|
$1,200
|
|
33
|
$3,200
|
|
34
|
$1,200
|
|
35
|
$1,650
|
|
36
|
$3,100
|
|
37
|
$420
|
|
38
|
$450
|
|
39
|
$28,000
|
|
40
|
$700
|
|
41
|
$350
|
|
42
|
$1,700
|
SUBTOTAL $108,317
G.S.T $7,582.19
TOTAL $115,899.19
|