Struggling Texas Builders Face Even Tougher Regulatory Mandates in 2009

Posted on 02/27/2009 by Jeff Lineberger, P. E.

 

At its meeting in December, 2008, the Texas Residential Construction Commission (TRCC) approved the so-called “Penalty Matrix” as a disciplinary guideline for builders and remodelers that fail to conduct County Inspections at the appropriate stages of construction.

This guideline requires that first time offenders get a warning instead of a fine. A second offense will cost a builder $5,000.00 per project. Offend a third time, and a builder can be subject to a $10,000.00 fine per project along with registration revocation.

Starting September 1, 2008, The Texas Residential Construction Commission began requiring a minimum of three separate construction progress inspections for all homes built or remodeled in unincorporated areas or in cities that do not offer municipal inspections.

The inspections include a foundation inspection before concrete is poured, a framing and mechanical systems assessment before wallboard is installed, and a final sign-off after the entire job is done.

The qualified fee inspector hired by the builder or remodeler may be a licensed engineer, a registered architect, a professional Texas Real Estate Commission inspector or a third-party inspector certified by the Texas Residential Construction Commission.

Builders and remodelers were asked by the TRCC to begin contacting inspectors in September 2008 to arrange inspections and assure inspector availability.

Many builders complain that it’s becoming increasingly difficult in today’s economy to make even a modest living building homes for paper thin profits and for a dwindling supply of qualified buyers. “It’s no wonder that any hard working small business pushes more paper than profits these days. Plus, the rules seem to change, and not staying on top of them can cost you a bundle”, says a former Texas based builder.

Suffice it to say that building is a tough business in Texas, and many industry professionals believe that 2009 will be no exception. “The state regulatory requirements enacted in 2008 will push some small builders over the edge this year. It’s unfortunate, but it looks like more Texas builders will be standing instead of sitting when the music stops at the start of 2010.”

Did you enjoy this article? If so, go to www.structuralsciences.com to learn more.

For more information about the county inspections program, or to access a list of fee inspectors registered with the commission, go to www.texasrcc.org.

About the Owner:

Posted in Articles | Tagged , , , | Comments Off on Struggling Texas Builders Face Even Tougher Regulatory Mandates in 2009

Uncharted Territory: Why Foreclosure Inspections Matter

Posted on 02/26/2009 by Jeff Lineberger, P. E.

 

Thinking about purchasing a foreclosure property? Think again.

A newly constructed home will be in mint condition. Whether you plan to pay a builder to custom-build your home or you are looking at recently-completed construction, new homes and condominiums require just as much attention from a home inspector as older homes. And, a new construction inspection can help buyers assess a home’s structure before, during, and after construction completion. The benefit of new construction inspections is that they allow buyers to address issues before the home is completely built – which can save buyers time and money on maintenance.

But what about a pre-owned foreclosed home? Is it structurally sound? Is there a latent defect? What about the framing & foundation? Can the home be insured?

Foreclosure inspections are quite simple-yet critically important. They mostly consist of only one visit along with a condition report. Before the home sold or is move-in ready, inspectors will arrive to conduct the inspection. Here’s what inspectors look for:

Pre-Purchase Foreclosure Inspection: This inspection is conducted before the home is sold, but ready for occupancy. The customer to get critical information about their new home. The seller gets information allowing them to correct problems before closing. Inspectors will review whether electrical and mechanical systems are functioning properly, if vents have been correctly installed, whether the heating and cooling systems are ready for use, and if adequate insulation is in place or if more is needed. All major structural systems are checked, along with the plumbing and drainage. Building code, health and safety items are closely scrutinized.

Buyer Foreclosure Inspection: This inspection takes place typically after the foreclosure is final and the home is put up for auction by the governing authority. It is similar to the Pre-Purchase Inspection. All home systems are checked. The inspector provides a report that the prospective buyer can use to evaluate the home’s monetary value and structural & workmanship status. Repairs can then be completed before the home is resold or occupied.

The bottom line is this: With so many homes going into foreclosure, and with a growing shortage of qualified inspectors, it is crucially important to get an expert opinion of the health, safety, and potential defect status of your prospective property. In doing so, you can prevent short term financial loss, and gain long term peace of mind.

About the Owner:

Posted in Articles | Tagged | Comments Off on Uncharted Territory: Why Foreclosure Inspections Matter

BRIDGE COLLAPSEForensic Engineering – What is it?

A bridge collapses. People are injured. Property is damaged. After the dust settles, the legal system kicks into gear and the courts seek to find the cause of the collapse so the injured party can be made whole. In doing so, the courts require the assistance of an expert to sort through the facts to find the cause and origin of the failure. By definition, that expert engages if the practice of forensic engineering.
Unlike traditional undergraduate, graduate or doctorate engineering curriculum, forensic engineering is rarely taught as a core engineering science program. That is because Forensic Engineering is the application of many engineering and scientific principles to find the cause of a physical or performance failure. The basic structure of any forensic investigation involves collecting data, a technical review of the failure, development of a failure profile, investigation synthesis, development of a hypothesis, and reporting.
Many of the engagements undertaken by the forensic engineer do not involve sworn testimony. But when serving as an expert and providing an opinion in a court of law, the engineer must demonstrate a special knowledge of the subject upon which the opinion is based. That special knowledge comes through years off education, experience, and training.
The anatomy of a typical forensic engineering engagement for a structural engineer demonstrates the unique aspects of the forensic engineering profession:
A house floods. A plumber determines that a water line embedded within a house slab is broken and leaking. In addition to flood damage, the house structure and foundation sustain damage in the form of foundation and brittle wall material cracking. The homeowner wishes to find if the water from the leak caused the foundation and wall damage. A forensic engineer is engaged to find the cause of the apparent damage to the foundation and walls.
The forensic engineer collects data, technically reviews the damage, develops a failure profile, synthesizes this information, develops failure cause and origin hypothesis, and then reports upon the hypothesis in the form of a concluding opinion. The homeowner may rely upon the expert’s opinion to make the proper damage repairs.
If the homeowner seeks to recover damages through the courts, the forensic engineer may be called to give sworn testimony. The testimony presumably would cover the basis of the engineer’s failure opinion and any other aspect of the case related to the engineer’s investigation. The sworn testimony may be limited to an oral deposition. If the matter is litigated further, the engineer may be required to testify before a jury. While the courts may rely on the engineers testimony as factual evidence, the engineer’s testimony will likely by scrutinized by cross-examination to allow the jury to find the credibility of the engineer’s opinion.
 Forensic Engineering – What is it?  Forensic Engineering – What is it?  Forensic Engineering – What is it?
Posted on 02/26/2009 by Jeff Lineberger, P. E. | Comments Off on Forensic Engineering – What is it?