New Construction (Quality Assurance Inspections)
Residential Construction Performance Guidelines (What should the builder fix and what is being "too picky".)My Report
Frequently Asked Questions
New Construction Inspection Agreement. (Adobe PDF file: 85kb)
A Word on THE CODE
New construction inspections are essentially guided by what the building code says—so let’s talk a bit about THE CODE. The area I service is governed by the International Residential Code for One- and Two-Family Dwellings (IRC), either the 2000 edition or the 2003 edition and soon the 2006 edition, once adopted. Which code applies depends on when the plans were approved by the Authority Having Jurisdiction (AHJ). Following is a very important quote from the IRC {R101.3 Purpose}:
"The purpose of this code is to provide minimum requirements to safeguard life or limb, health and public welfare."
Did you catch the word "minimum"? And was anything said about "quality"? Yup, a house that is "built to code" is a house meeting the bare minimum standards! Not something to really brag about. But even so, the minimum requirements of the code are often not met due to tight production schedules, high demand, language barriers with the subs, profit motives, innocent oversight, simple ignorance of all aspects of the code, over-worked quality control supervisors and...lack of professional inspections. Get an inspection and these sources of omissions, errors, oversight and neglect are minimized. Only "minimized"? Every home will be less than perfect—it’s just too complex for anyone to catch everything.
Now, as a home inspector, my knowledge of the code will guide me but the inspection is not a "code compliance" guarantee. Why? Well, every county/city has addendums and changes to the IRC and much of the IRC is open to interpretation and only the AHJ can "render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions." Specific requirements cannot be waived (e.g. GFCI protection in wet locations) but other areas are less clear (e.g. "ventilation air from the space shall be exhausted directly to the outside"—I take that to mean the exhaust must be visible from the outside, but the AHJ can sign off on it being vented to the outside via the soffit or ridge ventilation, because the code is slightly vague). I do not have the authority to enforce code and I can’t really know what any given government inspector will approve or not approve when it comes to the grey areas. In these cases, I still point out what I think is not done right but it may be argued otherwise by the builder or overruled by the AHJ. In any case you still have gained awareness of the issue and that will help you decide what battles to fight.
Bottom line: Building codes, by mandate, only address matters effecting health, safety, and welfare. They generally do not address quality-related issues. Code is mandatory, quality you have to pay for. County or city inspectors inspect so many homes that they can’t possibly "find" everything. They are lucky to spend 20 minutes at a site to my 200 minutes. Phased new construction inspections give you one more set of eyes (eyes that are working directly for you with no financial or emotional stakes in the property and no time constraints) to scrutinize your major investment and help assure you won’t have trouble down the road. It's really a Quality Assurance inspection!
My Report
For each inspection, whether it be Pre-Drywall, Pre-Settlement or 11 Month/One Year/First Year/Anniversary/Builder Warranty Inspection you get a field report on site that is essentially a "punch list" of items that need addressing. You get two copies, one of which you can give to the builder. I also take pictures of everything, annotate them as appropriate with arrows and text, and email them to you that night (as a PDF file), for further clarification and documentation.
The reports come in a binder that includes your copy of the report/punch list, a cosmetics NCR form for your use, a "Materials Used" report, Recommendations, a comprehensive inspection checklist, and a CD. The CD contains over 125 photos I have taken along the way from other inspections (de-identified) that show examples useful to you in operating and maintaining your home over the years. The CD also contains the Performance Guidelines talked about above.
And, as with any of my inspection services, I am permanently available for questions down the road concerning your house. I keep the photos and reports forever, so I can refer to them, even years later.
Frequently Asked Questions
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1. Why pay for an inspection when the government inspector already inspects it?
2. What about the builder’s field supervisor—doesn’t he assure everything is done right?
3. What phase inspections do you typically do?
4. If I were to only get one phase inspection which would you recommend?
5. Should I notify my builder that I have hired an inspector?
6. How do the builders feel about home inspections?
7. How do I schedule these inspections when the builder gives me very little notice?
8. Will my builder be there during the inspection?
9. What is my role as client in these inspections?
10. What are you checking for in these inspections?
11. Are cosmetic items written up?
12. Will you debrief the builder on your findings?
13. If you find something significant, what happens then?
14. Can I make the builder fix everything on your punch list?
15. What if the builder says "It’s the way we always do it?"
16. What if the builder says "We’ll take care of it" but never does?
17. Do you negotiate with the builder on my behalf to get the items on the punch list rectified?
18. How do I know if an item was rectified or not?
19. Who can ultimately enforce a fix or change if the builder won’t do it voluntarily?
20. How long is the warranty period?
1. Why pay for an inspection when the government inspector already inspects it?
The government inspector may literally do up to 40 inspections/day to my two. On a slow day he may spend 20 minutes checking your place over to my 200. He looks strictly for code compliance. I add in quality issues and discussions of maintenance and operation. I am one more set of eyes and those eyes are looking out for your interests and yours only. I have all the time I need to check everything. You don’t get a report from him, only a sticker. Lastly, as an old wise man once said "just because it passed inspection doesn’t mean it meets code".
2. What about the builder’s field supervisor—doesn’t he assure everything is done right?
Who does he work for? Are they in the business to make money and finish the house on time? How many houses is he supervising? Is he under any pressure from above?
3. What phase inspections do you typically do?
The most common are Pre-Drywall (PD) and Pre-Settlement (PS). The PD is the last opportunity to see behind the walls. It is best done before insulation goes up. The PS is a full blown regular home inspection looking at everything. Additionally, some people opt to have a Foundation Inspection—best done before backfill (the walls should be tied together by the first floor assembly before backfilling takes place—this is often not done, to the detriment of your foundation wall).
4. If I were to only get one phase inspection which would you recommend?
I highly recommend both the PD and the PS but if you feel you can only afford one I would go with the Pre-Drywall, since you can never see behind the walls again, and once all the insulation is in place, it’s impossible to check everything, in particular with regards to structure. If you skip the PS I would encourage you to get a one year Warranty inspection—that way any issues/defects/problem areas can be addressed/rectified at the builder’s expense, in theory. I have to say though that it is much easier to get things fixed before you are moved in and before you have paid the builder in full than it is 10 months later. Moisture management is also better addressed when new than a year later after the plantings are growing.
5. Should I notify my builder that I have hired an inspector?
Yes since they all have different requirements. Some are very casual while some require me to send them my insurance binder and other information. Some need to know when I will be there, some don’t care. The sooner you let them know the better and then advise me of their requirements, if any.
6. How do the builders feel about home inspections?
Everyone is different but it ranges from kindred spirit to cold shoulder. Some see the value of the inspections as it will ultimately result in less callbacks and less cost for them, and they are getting a free (to them) quality control check. Others see me as only adding time and trouble to their production schedule as well as possibly causing embarrassment--especially if they have their own supervisors who should have caught it themselves (like no insulation in the attic). Bottom line is, it only matters that you, the customer wants an inspection and you are certainly entitled to have one, regardless of the builder's attitude.
7. How do I schedule these inspections when the builder gives me very little notice?
New construction is inherently tough to schedule. You have to stay on top of the builder and nail down a "ready date" as soon as you can and pass it along to me. My schedule horizon is rarely more than 10 days out and so fills on short notice (nature of the business) so if the builder says "have him come out tomorrow" it may not be workable. Remember, he is not motivated to have me come out, only you are so you have to keep bugging your builder for time estimates. Also, for most inspections, I would like to have four hours to inspect and debrief you before the "walk through" with the builder. They often try and give me only two hours. This rushes me and is not giving you the full value of my services. You need some time to digest what I have found before you meet with the builder. Bottom line is you must insist that your inspector (me) is given enough time to do the job. The house takes months to build--a few extra hours here is not unreasonable!
8. Will my builder be there during the inspection?
No. He/she is too busy to be with me while I inspect, and he would only interfere anyway. But, after the inspection it is very helpful if I can meet with the builder and you, the client, to discuss and point out what I found and resolve any questions. Some builders appreciate this, others avoid me altogether. Those that don’t want to face me want only to discuss the punch list with you. They have more leverage this way, but out of fairness, I am a third party to them and they’d rather not deal with third parties.
9. What is my role as client in these inspections?
I give you my report, make sure you understand everything, and then generally you will have to present it to the builder and advocate that the items get rectified (see FAQ #8). You are welcome to be with me all the way on any inspection or you can meet me towards the end and I will go over the finished punch list with you. What most clients seem to like to do on the final is look for cosmetic items while I inspect, but staying close by so we can talk about operating and maintenance issues along the way.
10. What are you checking for in these inspections?
As I talked about in the above "A word on THE CODE", I look at everything from the foundation to the roof top and all that’s inside using the code, the performance guidelines, and the industry standards of practice as my guide. Unlike pre-existing houses where compliance with current code is not required (for the most part) a new home must comply with code under which it was permitted, thus that is my emphasis.
11. Are cosmetic items written up?
Due to the highly subjective nature of defining a cosmetic item, I generally do not include cosmetics in my report. I may accept a tiny scratch in the hardwood floor whereas that may be unacceptable to you, for example. I provide you with a two-part form and blue painter's tape to mark and annotate what you feel are cosmetic items and want the builder to rectify. (FYI: Some builders do not want you marking anything with tape until their walk through with you.) Now, for an additional hourly fee, I will search every square inch for you and mark and report my findings, using total perfection as my guide. But otherwise, my expertise is best spent looking for the bigger issues.
12. Will you debrief the builder on your findings?
Ideally I would if I could. Not all builders want to even meet me, let alone discuss problems I found with their product. Praise the builder who wants me to go over the punch list with them and get them all fixed. I don’t negotiate with the builder on your behalf, only debrief him. And he won’t necessarily fix everything if it’s a quality item and not a code item and that quality item wasn’t in the contract.
13. If you find something significant, what happens then?
Most reputable builders will call their sub right away and get it fixed, and hold production as necessary until it is fixed. But if the builder doesn’t see it as significant or even noteworthy, he may just ignore it. It’s up to you, based on what you learned from me, to decide how far to press. Your tolerance levels, your relationship with the builder, what you know and don’t know, how many goodwill chips you have left with your builder, etc. all determine how things get rectified. Field modified trusses are often an ignored area but potentially significant.
14. Can I make the builder fix everything on your punch list?
If it’s clearly code, then yes. But as discussed at the top of this page, the code is open to interpretation and the builder, the government inspector, and I may all interpret something differently. Ultimately it’s the reputation of the builder, your relationship with him, your perseverance, and a lot of those human factors that determine the ultimate outcome of an issue. Chances are high that you will need to follow up within days of the inspection to make sure the builder is fixing what you and he agreed would be fixed.
15. What if the builder says "It’s the way we always do it?"
It may be so, but it doesn’t necessarily mean it's right. Let me know if that’s the case and I will give you more information on the item. Armed with that you can decide if you press the issue or not. Ultimately you can always go to the AHJ (authority having jurisdiction, i.e. the county/city inspector found at the local building department).
16. What if the builder says "We’ll take care of it" but never does?
This is where you have to try and keep on top of things. Visit the site frequently and look for yourself or ask to get in writing a signed off punch list. Call the local government inspector and discuss the issue—they have the power to immediately order a work stoppage and fine the builder every day that an item remains open. I have seen this done. I wish I had that power!
17. Do you negotiate with the builder on my behalf to get the items on the punch list rectified?
No. I "debrief" the builder on my findings, but do not argue with him, negotiate with him, or plead with him to do this or that. We are both third parties to each other and it would be inappropriate. Not so, if I were, say, the architect.
18. How do I know if an item was rectified or not?
The word of the builder, your own observation, or a subsequent inspection or reinspection by myself.
19. Who can ultimately enforce a fix or change if the builder won’t do it voluntarily?
Your local county/city/town inspector. Call the local government building department and ask for inspections.
20. How long is the warranty period?
Per Virginia statute §55-70.1 Implied warranties on new homes: One year except the foundation is warranted for five years. Any action for its breach shall be brought within two years after the breach thereof. If the builder is unwilling to perform repairs, contact the Consumer Protection Division of your county.
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