Alexander Abel of Boise, Idaho, is in a jam. The company that built his house says it’s done. They’re not too concerned it’s unsafe and violates building codes because the home has a certificate of occupancy. Is it their fault a Boise building inspector approved it without seeing the building and its multiple code violations?
This case is a property owner’s nightmare. If you want a house built and have no experience in the construction business, you rely on others. You should:
- Do your due diligence and hire a reputable construction company, but few of us are qualified to look over workers’ shoulders, ensuring everything they do is up to code
- Trust your local building inspectors, shouldn’t you? Building and fire codes are created to keep people out of unsafe structures. Legislatures put them on the books after thousands died in fires and structure collapses. They don’t do any good if they’re not enforced
This trust seems reasonable, but it got Abel into trouble.
Construction Plan Changes Ignored by Inspectors
He hired Flynner Homes in 2018 to design and build a home for himself and his mother, according to BoiseDev. Abel sought a building permit and submitted construction plans and other documents Flynner created. They included structural calculations by a structural engineer for the city’s building permit staff to review.
Abel split with Flynner before receiving a building permit. The company informed the city that they were no longer involved with the project. Abel next hired Christensen Homes. They told the city of the change in March 2019.
Christensen Homes significantly altered the construction plans and sent a letter to the department notifying them of the changes and seeking permission to modify them. The changes included:
- Adding more bedrooms
- Reorienting the house
- Creating a crawl space basement instead of putting the house on a concrete slab
Despite these new changes, Christensen never submitted new structural calculations, the city never required them, and they apparently relied on Flynner’s calculations despite the drastically changed plans.
Obvious Problems Missed by Inspectors, If They Ever Saw Them
Abel got a building permit in July 2019, and Christensen Homes started working on the project. From that point to November 2020, Abel states the city “purportedly” inspected the site several times. If they did, they didn’t catch that Christensen did not use the Flynner plans they approved when constructing the house.
Inconsistencies that were missed included:
- Undersized concrete footings
- Insufficient structural support for the floors
- No attic ventilation
- Regular-weight, not lightweight, concrete being used in places
- Trusses modified without city approval
- An improperly constructed greenhouse
When one inspector couldn’t find the pin showing the property line so he could make sure the setback was correct, they didn’t stop the construction to double-check. The building passed inspection after the contractor assured the inspector he’d take “full responsibility” if the setback was wrong.
Completing the House Was Just the End of the Beginning
The final property inspection before issuing the certificate of occupancy was done on September 10, 2020. Abel wasn’t on the site then and wasn’t told of any problems. His lawsuit states he relied on the city’s expertise to find code violations and issues with the home.
The certificate of occupancy was issued that day. It was officially verified the following month, even though the building wasn’t up to code and not built according to the approved construction plans. Thanks to the certificate, Christensen Homes stated their job was complete and left the worksite.
Abel later hired an outside consultant who found many code violations that should’ve prevented the certificate of occupancy’s issuance. In November 2020, city officials visited the home and confirmed:
- There were numerous code violations in the house
- Several were missed during the final inspection
The city’s building inspector, in a conversation with Abel:
- Apologized for not inspecting significant portions of the house and for missing differences between what was constructed and what was on the approved plans
- Stated inspectors are assigned too many projects to physically inspect
- Stated he only physically inspects projects if he sees “glaring” code violations after simply “looking around” when he arrives on project sites
Abel states Boise officials have declined to revoke the certificate of occupancy.
Probably Not Just a One-Off Problem
Abel is suing the City of Boise, claiming they committed gross negligence. Abel seeks damages that he suffered as a result.
Given his experience and what he was told, he states this could be a widespread problem for Boise residents. In response to Abel’s lawsuit, the City of Boise demanded a jury trial and denied the substance of the allegations. It’s set for a trial next year, but this will likely change.
We’re Here to Help
If you’re involved in new construction or a major renovation and fear you’re not getting the quality of work you were promised, call Anthony Burton at (949) 244-4207 or fill out our online contact form today. This may be due to a lack of communication, or you may be getting substandard work that may come back to haunt you. We can discuss your situation, how the law may apply, and how best to proceed.
