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Dear Editors,
I am the Boston Township Zoning Inspector and a member of K2A Architects, Inc., but I am writing this letter as a concerned resident of the Peninsula/Boston Township community.
I was recently asked to observe and comment on a recent deck construction job in our community. The property owner asked the carpenter questions regarding some concerns during construction and was told every aspect of the deck project was to current building codes. Being trusting of the carpenter, payment in full was made before being satisfied with the work performed.
In my 16-plus years associated with the building industry, this example is probably the poorest quality carpentry I have ever seen. The construction is not to the current building code requirements, no permits were secured, and no inspections were made to assure quality; but, more problematic is the fact that the construction is unstable and unsafe for use. I recommended the property owner block-off the area of the project until someone could be brought in to fix the new construction or remove and rebuild it. It is my opinion that this individual took advantage of the property owner and, seeing the poor quality and dangerous condition of the work performed, should not be advertising as a qualified builder.
A building project can be very complicated, or it can be very simple. The following are some thoughts I would like to share with anyone in our community who is considering a building project. This is not meant as definitive criteria to follow, but some items to think about along the way.
Talk to an architect or design professional. No matter how small your project, I would recommend that you have drawings prepared of what is going to be built, not just because I work for an architect’s office, but because it provides the owner documentation of what to expect in the finished product, and provides the builder instruction as to what to build. Some builders provide their own drawing service as part of the construction package. A designer will also be able to give direction whether the project is viable under local, county and state requirements, and assist the owner in securing approvals. If the project is to be financed, the lender will require drawings. If permits are required, drawings will be required to secure them. If there is a difference between what the owner expects and what is built, the drawing is the document that will provide the explanation for the difference.
Assume the project will require zoning and building permits, until a zoning inspector or Summit County Building Official informs you otherwise. Ultimately the owner is responsible for what occurs on the property. The permitting process provides review of drawings and allows for inspections to insure construction is being performed to code. If work is being done to the exterior of a building, zoning and building permits will most likely be required; if the work is on the interior, a zoning certificate may not be required, but building permits may be. In our community, Summit County issues building permits, but will not do so unless a zoning certificate is provided, or written notification from the local zoning inspector is provided stating that a the project does not require local zoning approval. If a project is residential, in most cases the seal of a registered architect will not be required on the drawings. If a project is non-residential, Ohio Law requires the seal of an architect or other registered design professional be present on the drawings.
Choose your designer and contractor carefully. There are many good and reputable ones, there are even several locally. However, there are also those out there who are neither good nor reputable. Talk to family and friends to see if they have worked with anyone they would recommend. The recommendation of someone you trust is more valuable than the choice of someone from phone book listing or newspaper adds. Ask for references and a list of projects similar to yours that you may be able to view, or if possible, talk to the owner. Make a few phone calls to verify the references. Some project owners do not want to be contacted as references for a builder or designer. They do not want strangers looking at their home. But, most will gladly at least talk about their project experiences, good and bad. Inquire whether the designer or contractor is registered with the state and/or locally and do they carry insurance? Develop a comfort level with the people you choose. They are going to be working for you, on and quite possibly in your home. If you have reservations while speaking to them, will you be able to trust them to work on your property?
Unless you have chosen a builder upfront, ask for project pricing from several builders. If you have drawings, contractors will be providing pricing based on the same documents. If no drawings are available, pricing will be based on the opinion of the person providing the pricing and not necessarily your vision of the finished product. Construction projects are expensive by nature, not just by the cost of materials, but also the amount of labor that is required. Do not make your decision on choosing a builder on pricing alone. Take into account in your decision the pricing, your comfort level with the contractor, but more importantly, their references and past track record. It must also be realized that the desires of the owner may not meet the project budget. Working with both a designer and the contractor through the design and pricing process, decisions can be made that will both satisfy the desires of the owner and match the project to the allotted budget.
Make sure you have a contract that includes your property location, builder contact information, describes scope of the project, (that is it outlines what you expect of the finished product), will outline the project pricing and payment schedule, that construction will be performed to code requirements, and will specify the securing of applicable permits. If drawings are available, these should be part of the contract, or at least a sketch of the construction. If there are discrepancies or a misunderstanding between what you are expecting to receive and what the builder intends to provide, a contract will clarify these. If there is no contract, in a dispute, it will be the word of the property owner against the word of the builder.
Changes will occur during construction, they always do. When the property owner or the builder suggest or make changes, make sure these are documented, and that both parties are aware of and agree to the cost associated with these, at the time of the change. If this does not occur, the cost of all changes will be forwarded to the property owner at time of project completion. At this point it usually comes as a surprise. Document everything along the way.
Never pay for a project in full upfront. A deposit of a certain percentage of total cost is typical. In converse, a single full payment at the project completion may not be acceptable because the builder will have to pay his trades for work performed through the construction process. If a lender is involved, the builder will submit invoices for payment to them. The lender will have an inspector review the construction and will only certify payments to the level of completion at the time of inspection. If the property owner is compensating the building directly, split the project cost over several payments based upon agreed completion benchmarks, and if applicable, only after successful inspections, such as when the foundation is completed and has passed inspection or electrical or plumbing work is completed and has passed inspection. Successful inspections will certify that portions of the work have been completed and satisfy code requirements. Smaller projects will have fewer inspections, such as a new deck, a post foundation inspection, and framing inspection are usually all that are required. For an entire house, there are inspections for foundations, rough and final inspections for framing, plumbing, electrical, and heating and cooling concerns, and a final inspection for an occupancy permit. A certain percentage of the total project cost should be held and paid only after the work is complete and the property owner is satisfied with the work. Good builders will do every reasonable action to satisfy a property owner -- their reputation is on the line with each project. The property owner should also realize that construction is not an exact science, and should not expect that the fit and finish of a construction project will meet the expected fit and finish of an automobile such as an Audi or Lexus built in a controlled factory. Wood used in construction shrinks and swells with the weather, ground settles, concrete will crack, control joints are placed to limit where it will crack. If there are discrepancies between what is expected and what is provided, if there are drawings, a contract, and if both parties are reasonable, these should be able to be rectified to the satisfaction of both.
The property owner cannot be apprehensive about asking questions throughout the process from design through to completion of construction. Architects, designers and builders deal with construction issues daily; most property owners probably do not. Part of my job with K2A Architects, Inc. is to answer client’s questions and explain to them why certain things are designed and built the way they are. Design decisions as well as construction decisions are made based to satisfy multiple requirements, such as Ohio Building Code requirements, Local Zoning and Building Codes, project owner’s desires, aesthetic considerations, among others. If there are questions, make sure they are asked, and answered to your satisfaction.
In the situation I described above I was asked, not by the property owner, but a concerned neighbor, to take a look at the construction. This neighbor was not trying create an issue with the other neighbor, but was really concerned about their safety and well-being. I was glad to see neighbors looking out for one another. But having said that, what I saw really bugs me, and should concern anyone who owns property and cares for the community.
I hope this will be useful to those who read it, and maybe help others avoid finding themselves in a similar situation.
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