Q DEAR BARRY: We bought a new house from the builder. At the time, he said we had a full, one-year warranty on everything. The first time we had cold weather, the radiant heating system wouldn't work. We contacted the builder several times, and he contacted the plumbing contractor who installed the heating system. The plumbing contractor has been to our home three times, but we still have no heat. The builder says he has done all he can do. The plumbing contractor says the system is fixed and he refuses to look at it again. We need heat in our home, but no one wants to help us. What can we do to get the system working? -- Mary
ADEAR MARY: The builder seems to think that his responsibility begins and ends with phone calls to the plumbing subcontractor. Although the subcontractor is obligated to make the heating system work, the final responsibility belongs to the builder. If neither is willing to resolve the problem, you can consider three approaches.
Your first option is to file a complaint with the state agency that licenses building contractors. If the builder is intimidated by this process, your heating system may receive prompt attention. If the builder remains stubborn, you may have to endure the slow-motion procedures typical of public agencies.
The second approach is to inform the builder and subcontractor, by certified mail, that you intend to hire another contractor to repair the heating system and will file suit in small claims court to recoup your expenses. If you provide detailed documentation to the judge, your chances of winning are good.
The third approach is to have a lawyer write a threatening letter to the negligent parties. However, the first two approaches are preferable because lawyers can be expensive.
DEAR BARRY: The home I will soon be buying is still under construction. For insurance reasons, the developer will not let me have a pre-drywall inspection. He claims that if the inspector is hurt, the construction company can be sued. Should I be worried that I cannot have this inspection? -- Catherine
DEAR CATHERINE: Some builders use excuses to prevent buyers from hiring home inspectors, and concerns over liability insurance may fit that pattern. If the lack of insurance coverage is a basis to forbid access to a construction site, then other people would be barred from entry. This would include sales representatives, material suppliers, engineers, architects and so on. Adhering to such a restriction would interfere with the normal conduct of construction-related business.
A builder's refusal to permit buyers to hire their own inspectors is suspect and does not instill confidence. If the problem is truly a matter of insurance, the solution is simple. Most qualified inspectors carry their own liability insurance policies, and most would be willing to sign a liability waiver.
Barry Stone is a professional home inspector. If you have questions or comments, contact him through his Web site, www.housedetective.com, or send mail to 1776 Jami Lee Ct., Suite 218, San Luis Obispo, Calif. 93401.
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