2-STORY DECK BUILT WITHOUT PERMIT AND CUSTOMER IS BLAMED???
I feel compelled to respond to Caleb's carefully crafted response because I'm shocked at it's inaccuracies and major twisting of the facts. My previous review, as you will see below, barely scratched the surface of my experience.
Below is a true and acurate timeline which refutes many of Caleb's statements:
July 1 - I paid 10% down and picked a final design out of the 3 designs discussed with Caleb (Not "a dozen"). I ended up designing the final design myself using CAD software -took me about 10 mins
August 14 - I receive the following from Caleb:
"Hi Chris, I'm still waiting on engineer to get the plans back. Just spoke with him and he said he hopes to have it by Monday or Tuesday. I'll let you know as soon as I get them to the city and city turnaround time is about 1 to 2 weeks right now."
Caleb claims in his Yelp response that it was a 2-Month turnaround and that he informed me of this and got my permission to continue without a permit. The above email proves otherwise. I would never have allowed building to begin if I had known there was no permit or engineering plans for that matter. Period.
Sept 19 - Work begins on the deck and at this point I have now paid Centex 75% of the total contract amount.
Sept 25 - Centex packs up and vacates the property
October 20 - Caleb requests a copy of the property survey.
November 3 - Caleb replies to my email request asking him to confirm the COA has all the appropriate paperwork and that the final City approval is in the works and he responds "yes".
December 2 - I write Caleb requesting a walkthrough and point out that the City of Austin website shows no record of a permit request ever being submitted for my project.
December 3 - Caleb writes apologizing and tells me he just found out his engineer's office "dropped the ball". This contradicts his claim below that he told me prior to construction that his engineer "dropped the ball" and he would build without a permit.
December 4 - The permit application is finally submitted to the COA by Centex and is reviewed & denied within 48 hours (Not 2 Months)
December 7 - I ask Caleb for an update on what he is doing to get the permit approved and also point out the plans that were submitted to the City were incorrect do not match the deck that was built and would most likely fail inspection because so.
January 22 - Caleb submits new plans to the COA which are again incorrect and do not match the specs of the deck that was built.
Feb 18 - After excuse after excuse, I demand that Centex provide the COA with the correct plans and provide me with walkthrough and I give a deadline for them to do so.
Feb 24 - At this point I have paid Centex 75% of the total cost of the deck and they still have failed to obtain a permit for construction of the deck, never returned to the site to complete unfinished work, failed to provide correct engineering plans, and failed to complete a walkthrough. This is now 8-months after my first down payment and 5 months after construction was completed. I respectfully terminated our contract.
March 22 - The COA denies the permit application a second time for the following code requirement that was not followed by Centex during construction:
"Decks shall be positively anchored lateral to the primary structure. Hold-down tension devices shall be provided in not less than two locations..."
This $80 piece of hardware would have been an easy install prior to the ledger being attached to the house, but since Centex didn't install it at the time of construction (as required by code) the only other manner in which to install them would be to tear out sections of the ceiling in the living room and bedroom to expose the upstairs floor joists. This would have been a costly and invasive remedy. If the permit was applied for prior to construction, then this could have easily been noted and installed.
March 23 - At this point I have a deck that was not built to code, with plans that were effectively worthless and no permit authorizing the deck to even be built.
Feb thru July - I hire engineers, contractors, consultants, attorneys, etc. to work with the City to find solutions to the problems that Centex Decks left me with. I have new plans drafted, code and structural issues corrected.
May 4 - I finally get approval from the COA for a building permit (10 Months after Centex was supposed to begin securing a permit) but still have to pass multiple inspections to receive a Certificate of Occupancy.
July 8 - Over a year after I wrote Centex my first check, The City of Austin finally approves the revised plans, code corrections and structural remedies that were required and issues a certificate of occupancy.
FACTS:
* Centex did not attempt to pull permit prior to building my deck
* Centex did not build my deck to code (Per the COA)
* Centex had 8 months to secure a permit / plans before the contract was terminated. read more