Dear Barry,
We purchased a new home from the builder. At the time, he stated that we had a full one-year warranty on everything. But 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 on three occasions, 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

Dear 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 operational, the final responsibility belongs to the builder. If neither is willing to resolve the problem, there are three ways to approach the situation.

Your first option is to file a complaint with the state agency that licenses building contractors. Bureaucrats can be persuasive when they're inclined to apply their powers. If the builder is intimidated by this process, your heating system may receive prompt remedial attention. If the builder remains entrenched, you may have to endure the slow-motion procedures typical of public agencies. If these processes become too ponderous, you can proceed plan #2.

The second approach is to inform the builder and subcontractor, by certified mail of course, that you intend to hire another contractor to repair the heating system and will then file suit in small claims court to recoup your expenses. If you provide detailed documentation to the judge, your chances of winning are very good.

The third approach is to have an attorney write a threatening letter to the negligent parties. However, the first two approaches are preferable because attorneys are expensive and often slower than bureaucrats.

Dear Barry,
The home I will soon be buying is still under construction. For insurance reasons, the developer will not allow me to 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 a pre-drywall inspection?
Catherine

Dear Catherine,
Some builders employ veiled excuses to prevent buyers from hiring home inspectors, and concerns over liability insurance may fit that pattern of avoidance. If the lack of insurance coverage is a basis to forbid access to a construction site, then other people would likewise be barred from entry. This would include sales representatives, material suppliers, engineers, architects, and so on. Adherence 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 highly suspect and does not instill confidence in the minds of prospective owners. 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 to placate the builder.

Distributed by Access Media Group. To write to Barry Stone, please visit him on the web at www.housedetective.com

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