Home>Discussions>EXTERIORS>Wood frame not on foundation and in contact of soil
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A. Spruce
Re: Wood frame not on foundation and in contact of soil
A. Spruce

You have to use a photo host, then link the images here.

If you can definitively trace the issue back to the builder, then you may have a legal case to make them repair or pay to repair the problem. Take as many photos as you can, high resolution, different angles, if one is good, a couple dozen is better. Consult with a property attorney, they will be able to tell you what your chances are of winning and the possible costs/profits of such an endeavor.

Shawn43054
Re: Wood frame not on foundation and in contact of soil
Shawn43054

Best case scenario:
I call city to re-inspect the house. City finds cantilever illegally built. Builder has to re-submit paper and house re-inspected. Open all the dry wall?! Only feasible way is to pour foundation. Then, I am home free.
Would this be a feasible way?

A. Spruce
Re: Wood frame not on foundation and in contact of soil
A. Spruce

This whole thing can become a nasty mess in a hurry, so before diving into a hornets nest head first, you might want to consult with an attorney first. If you've got a good chance at winning your case, then proceed, if not, then I'd just hire a contractor to come fix the damage and be done with it.

The city inspector may or may not be willing to do a reinspect on something that is not currently under permit. They may or may not be willing to offer whether or not they suspect that the cantilever is original work or after the fact. They won't likely offer up any tangible paperwork/evidence in your favor without subpoena from your attorney. Again, until you talk to your attorney, you really won't know what your options are legally, or the steps you need to take to get there.

Shawn43054
Re: Wood frame not on foundation and in contact of soil
Shawn43054

Thank you, Mr. Spruce. I appreciate the warning. A lawyer would not know whether 2 feet of cantilever is illegal, because of, say, snow load in Columbus, Ohio. I am an electrical engineer myself, I can't figure this out. This is where pros can share some experience. The worst thing can happen is I fix it without city inspection and is being sued by next owner. City would then say, if you came to us last time, we would have forced builder to fix it, (they would not) now you need to pay to bring it to code compliance. We all know the city is capable of this kind of B.S.

A. Spruce
Re: Wood frame not on foundation and in contact of soil
A. Spruce
Shawn43054 wrote:

A lawyer would not know whether 2 feet of cantilever is illegal, because of, say, snow load

No, they likely wouldn't, but they don't have to, they only have to know the laws pertaining to construction and property. They can tell you who you need to call, what kind of documentation you will need for litigation, etc., that is the point of starting with the lawyer before you start digging deeper and getting the city involved which could end up making your life a whole lot more difficult.

Mastercarpentry
Re: Wood frame not on foundation and in contact of soil
Mastercarpentry

Ditto what Spruce said.m If you get the City involved they could invalidate the Occupancy Permit based on Inspection Fraud and then you have to move out right now. Attorney- a good one- is your next step; any other step might send you tumbling off a financial cliff. It seems to me as if you have a pretty solid case though.

Good luck!
Phil

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