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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:

  1. to comment on the quality of workmanship and the itemization of construction defects.
  2. to identify any uncompleted items which fall within the contractor's contractual obligations.
  3. to quantify the remedial work and uncompleted work.
  4. 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.

  1. 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.
  2. 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.
  3. The chase opening of the proposed fireplace has been left unprotected. Rain water and snow has a clear path into the basement.
  4. The construction of the footing and foundation wall was apparently riddled with misadventure.

  5. 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.

  6. Problems have not been addressed with haste and diligence.

  7. 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:

  1. licensed tradespeople performing all the work.
  2. all work performed will be under the supervision of a working general contractors who will be undertaking a bulk of the work.
  3. all workers fully insured, bonded or covered under workman compensation.
  4. quality of work and material consistent with that which was intended.
  5. 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.

  1. 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)
  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.
  3. 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.
  4. The double header and double trimmer joists in the basement are underfastened. Additional nailing is required.
    Ref. O.B.C. 9.23.3.A.
  5. 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)
  6. 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.
  7. 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.
  8. 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)
  9. 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)
  10. 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.
  11. The duct work below the kitchen floor has not been properly isolated. The duct work vibrates when the floor above is walked on.
  12. 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.
  13. In addition, a shim has been fastened to the intermediate landing which is forcing the adjacent wall to bulge outward.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. One of the main rafters at the east side of the attic has been damaged beyond repair and requires to be replaced.
  19. 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.
  20. 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.
  21. 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.
  22. 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)
  23. 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.
  24. 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.
  25. 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.
  26. 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.
  27. 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.
  28. 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.
  29. 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)
  30. Abnormal deflection is noted in the living/dining room floor assembly. This correlates with the undersized joists used to construct this floor assembly.
  31. 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.
  32. 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:

  1. 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.
  2. Joint hangers, or other acceptable connectors, are required to be installed at various locations.
    Ref. O.B.C. 9.23.9.2.(2)a.
  3. The sump pump and sump pump discharge has not been installed.
  4. 4. The furnace venting system and the fuel oil storage tank has not been installed.
  5. The heat recovery ventilator intake and exhaust lines have not been installed.
  6. 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)
  7. 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.
  8. Supply ventilation to cold storage room in basement.
    O.B.C. 9.32.3.1. and O.B.C. 9.32.3.A
  9. Complete insulation around the basement windows frames.
  10. Partitions around the mechanical room have not been constructed.
  11. The basement floor has not been painted or sealed.
  12. The handrail has not been provided to the basement staircase.
  13. The electric hot water heater has not been installed.
  14. A central humidifier has not been installed to the furnace.
  15. 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.
  16. The laundry room connections in the basement have not been installed.
  17. The exterior porch inclusive of porch posts/roof/decorative trims and porch ceiling has not been supplied or installed.
  18. 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.
  19. Most joist hangers in the basement are underfastened. Further nailing is required to comply with the manufacturer's specifications.

    Main

  20. The green house/solarium off the breakfast room (rear) is missing one roof window section and interior finishes - drywall, trim, etc.
  21. Most baseboards in the dwelling have merely been tacked on and are not nailed, many are damaged.
  22. The chimney and flue have not been installed to accommodate the living room fireplace.
  23. 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. 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.
  25. Carpets for the library and studio have not been supplied or installed.
  26. 26. A 30" x 26" vanity cabinet has not been supplied or installed in the ensuite bathroom as specified in Schedule B.
  27. 27. Mirrors and ceramic tiles in the main second floor bathroom have not been supplied or installed.
  28. 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. 29. A base cabinet, complete with built-in laundry tub, has not been supplied and installed in the basement.

    Garage

  30. Three overhead garage doors have not been supplied and installed.
  31. 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.
  32. The garage concrete floor slab has not been poured in place.

    Exterior

  33. The soffits, fascias, eavestroughs and downpipes have not been installed.
  34. The 12" decorative railing and trim at the flat roof (above living room) has not been supplied or installed.
  35. The flat roof above the living room has not been surfaced with a waterproof membrane along with the appropriate wall flashings and joints.
  36. The concrete porch floor slab has not been poured in place at the front and south-east section of the house.
  37. The exterior steps have not been installed off the greenhouse room entrance.
  38. Two decorative louvre gable vents have not been installed to the apex of the gable ends.
  39. All exterior brick work including key stones have not been supplied or installed.
  40. Exterior pot lights have not been supplied or installed.
  41. Exterior garden hose connections have not been supplied or installed.
  42. 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.

  1. 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.
  2. 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

Baker Street Home Inspection Services Inc.
In operation since 1985

Serving the Greater Toronto Area from
Oakville to the west, Newmarket to the
north and Oshawa to the east.
3335 Yonge Street, Suite 402
Toronto, Ontario, M4N 2M1

Tel - (416) 483-3535
Fax - (416) 483-9756
info@bakerstreet-hi.ca
Regular Business Hours (Monday to Friday)
8:30 am to 12:30 pm
1:30 pm to 4:30 pm

Our phones are monitored
continuously after business hours.