It is not economically feasible to salvage anything from this building. The cost to remove all fasteners stack and store the lumber alone would cost more than to demo it into a dumpster and build it back with new materials. I really love who people speak without knowledge, how does the bottom of your shoe taste there!
------------ " NO, they wouldn't make public the mistake, cover it up and move on until completion! It's one of many gifts Washington Politicians have taught local Governments how to cheat, steal, lie and screw the tax payers! " -----------
Shame on the superintendent and City inspector. That mistake should have been caught when the city came out to sign off on the foundation. which happens before framing and backfill of the foundation.
I am sure the city inspector was busy pigging out one a few box of donuts. In a sugar coma and had no clue what was going on. What a crazy wasteful use of materials.
You have to pay attention when a house is being built for you. Decades ago friends of mine built their first home. He went by the build every day to look it over. He routinely found things done wrong and had it corrected before they went further. He was a thorn in the contractor's side but the home was built correctly in the end. It appears that little has changed in almost forty years.
Yeah I've been in construction since the late 70s and if the homeowner comes by daily and checks out your work hey shouldn't have a problem with that if you're doing the job right just as long as they're not complete jackasses and do know what their looking at. But mostly you rarely see them.
Had a well know criminal lawyer buddy do that, big case of galloping anal fixation but necessary. He's a detail man and in his job lives may be on the line (or life in prison may be on the line). Drove his builders nuts and they want'ed to SLAM everything in. No, you're not.
Now they use labor that is not even close to the same skill level as 50 years ago. Too many are graduating from trade schools who barely know more than they did on day one.
@@ccdogpark ok if that's how you do it that's cool. I was just thinking that it's a lot easier to write your comment instead of spending/wasting time going through all the comments to see if anyone else already had the same thought as you because more than likely they did. But hey if you want to waste your time then go ahead genius. I'm going to spend mine reading rocket science journal quarterly.
Very unfortunate indeed. However, to destroy a home that far along is pure idiocy. Give someone a bit of power (the municipality) and they just go nuts. Very sad.
It was discovered before the house was that far along. Someone took a chance it would be overlooked or approved anyway. They lost. Not the municipality's fault.
The problem is bigger than this one property. If this build was allowed a green light - local builders would know that they could fudge the set back line requirements and that would lead to a snowball effect of builders not following hard boundaries and requirements.
I personally wish our American cities were more compact but there is a reason for setbacks, and it has to due to the fact that a vast majority of American houses are built from wood. Look up any old city, and it likly has the phrase "great fire of..." somwhere in it's history. American cities used to be very flammable, and still are today, to an extent.
This is sad this happened. I’ve built many homes in my life, and every single time I hired a surveyor to put pins for the 4 corners of the house to square off of. It’s required in Florida to have a site plan stamped by a licensed surveyor . I built my last house on 5 acres far from the property line and I still paid the extra to have a surveyor put his blessing on the project.
I’ve been drawing blueprints for residential and commercial properties for over a decade now, and my design starts with the survey of the property and the setback requirements in the area the property is located. To see a mistake as obvious as this get so far into the building process should bring shame on Everyone involved in the construction of this home! They are ALL at fault.
Yes but the city could taken some sometime gotten some independent arbitration worked it out with the neighbors signed a waiver of encroachment but City acted hastily because we're all peons not just the fact that the people there on the job did screw up a bit.
I "disassembled" a 3 story grain and feed facility, built in the early 50's, about 30 years ago. I sold the majority of the material on site, kept the best of the best to build my own home, since sold for a large profit. The thing is, it was built different then a modern home. Hand nailed boards, and nails that wouldn't break off when you used a cats paw on them! By the time you get a glued sub floor on TJI's up, you have trashed the 3/4" sub floor and probably the joists , they DO NOT come apart as easy as they go together, not even close. Getting the OSB off the trusses would trash the OSB, but the trusses could have been saved, with a lot of extra labor cleaning them up. Demo work is also, or can be, more dangerous than new construction, in the way things move around when using large pry bars, not to mention exposed nails to step on. I think most of the comments here are from people that have never tore down a substantial structure, it is a lot of damn work, BUT, if time was not a factor, for the right hard working and motivated crew, this house could have been cost effective to tear down by hand, if that crew's time was not highly valued. Blame modern pneumatic nail guns and staplers and construction adhesives for much of this.
Nobody would want to try and save OSB, you couldn't, it's built to crumble and that is what it does best. It's cheap. that's what you can say about OSB. It's cheap and full of chemicals. And it's cheap. My house is old. You couldn't give me a new house. A truck hit my house, airborne at about 50 mph and the header to my champion picture window stopped it. My front wall was built with 1 x 6 or 1 x 8s. My new wall isn't worth a nickel. It's not OSB, Isaid no OSB but it's not built back like it was and you can hear sounds from the road like a window is open. I wouldn't waste the money on a new house. Not a nickel for new construction. Not one nickel.
I would have been happy to tear it down and reuse most of the wood. A sawsall, hammer, flat bar, sledgehammer and a few more tools, and a week is all I need with my crew. We're rebuilding a house that burned and saving thousands by reusing studs that didn't burn.
@Tyrone Brown first of all its responsible, secondly it's the contractor's duty to make sure the Floorplan fits the property once the real-estate survey is done. Lastly, their zoning or building department has the last say in the matter
@@tomcander3669 as a contractor myself, and a person who absolutely despises the stupidity of zoning boards. There is absolutely no reason why a mistake this minimal cannot be approved. This is bureaucratic authority gone mad and frivolous waste.
@@barnandhome it's because variances are not usually given after the fact. 18" on a 5' setback is huge. Just sounds like the developer is passing the buck
@@tomcander3669 yeah I get some of that.... but you don't tear down a freaking house and rip up the foundation. How many homes and buildings are on this planet with zero lot lines? My county sucks to work with compared to dozens of surrounding counties, so they lose investors and contractors all the time. There's times to make exceptions.
Yep. A new house was being built across the street from me a few years ago. Somehow, the foundation (large ranch with full basement) was poured 20(!!!) feet past the set back. The city did not complain, a neighbor did, and the city then made the owner knock in the entire foundation and redo it. That had to hurt.
This is typical when you get inspectors involved, there job is to slow you down and cost you more money. I had 27 inspections to finish my house and not a one of them had ever built a house.
More like the city has a bone for this guy... I know that I am a builder and I've made my share of screw ups just like this one most if not all were forgiven
I've been a new home builder for 25 years. We ALWAYS do a foundation as-built survey to verify it's in the correct location prior to buying a stick of lumber. This is the builder's fault. It's his job to have the surveyor verify the location of the foundation.
And the Contractor is the one who selected this surveyor to do the work. I hear it often that its the Sub. Nobody cares. It's the same as if they were on your payroll.
Of course the builder will try to blame a subcontractor. Builders threaten subcontractors with no future jobs. As an owner of a build job I have seen it.
@@carmineredd1198 You would still need to move plumbing and other stuff. You would need to make the changes to the build plan and submit the changes to the city for their approval. And most of all will the owner, who is having the house built, go along with the change?
The client is the client of the attorney speaking. The attorney represents the general contractor/ builder. He isn't referencing the owner of the home. The builder is going to pay for it for now, but may need to then go after the subcontractor that laid out the foundation and put it too close to the set-back.
Contractor can say it’s the subcontractors fault all he wants. Everyone knows that the contractor is at fault. It’s his job to double check and make sure every step of the build is done correctly. Not to mention if it was noticed early on and they continued the build,that shows how inept the contractor is. And they could’ve totally reused most of that building materials.
I'm thinking it was the surveyors. Or whoever laid out the basement. You dont just add another couple feet to a house and everything just works out in the end. Everything would be short. Materials would be short and nothing layout wise would work proper. That didnt seem to be the issue so it looks like the house was just put on the wrong spot.
Many contractors live by the moto "It's easier to beg for forgiveness , than it is to ask permission." With that in mind, why wasn't the mistake caught before the walls went up? Something stinks, here.
@@twobeagles1365 They clearly didn't know until later when a survey was done. Why they didn't do that first who knows, but the city is just being jerks like they always are
More than likely one size cookie cutter house. Would have cost a lot of money to redesign a couple feet shorter on one side so they just took the chance.
@@drewfoster1493 No, it clearly states that it was after the slab had been poured AND WORK ON THE BUILDING OF THE FRAME HAD BEGUN. Listen to it again at 1:36 they say it.
It would be more practical to move the house two feet or two miles than to try to salvage the materials. Jack up the house on cribbing and extend the foundation two feet on this side and close it in two feet on the other side. Shift the house and set it back down. But would it be cost effective? The house was pretty far from finished. Hopefully someone did crunch the numbers on simply moving the house, but at this stage of construction, it might not be worth it. I framed many houses over many years, in Texas and in the Mid Atlantic. It is not practical to disassemble the house and reuse materials. Those gun nails are impossible to remove without damaging the lumber. Subfloor is glued down. Everything is shot full of gun nails, and all you would be saving would be damaged used material
This reminds me of an episode of The Jetsons, in which during the ongoing feud between Spacely Sprockets and Cogwell Cogs, one of the bosses complained about the other's new office building, for being one inch too tall, so the city sent out a drone, which smashed the roof with a hammer, causing the whole thing to shatter and crumble to the ground in a small pile, which was then swept up into a dust pan by the drone, and the drone flew off. And that's my random, more than half-century memory of the day.🤔🤗
Any "reputable" builder that has been in business for that long, should always start by having an official site survey, and accurate plans, done, verified and approved by the city/township. There is absolutely no excuse.
Yes. My late brother was an architect and had a general contractors license. He spent the money on making sure any project of his was being done correctly. He would include the extra detail cost into the price of his projects. He would also do his own inspections on a regular basis to verify specs. He was always a meticulous person throughout his life.
“No city requirement for a survey prior to build” it’s the city’s fault , could’ve taken the footage off of the encroachment side / reframed that one side and added the sq ft to the back or other side
@@guysumpthin2974 -- nope. Still the GC/builders's respinsibility, for the sake of saving their own behind, to measure, verify, survery, and get site plans done *before* anything gets done. Any *responsible and reputable* builder/GC will always start with that.
You have to before you can start building anything. So pretty sure he had approved blueprints and a permit before he broke ground. He damn well didn't get to the framing stage without anyone noticing
@@hbm_54 He has to have all that done before he can get approval for a building permit. So just wondering why the state inspector even passed the footings if in wrong location 🤔.
We had a house explode in our neighbourhood because of a senior with mental health issues. One house beside his was saved with warping and peeling of the siding from heat due to the initial explosion and subsequent fire because of the driveway and the other house, while looking undamaged, has been wholesale taken off its foundation and moved six inches. The setback was what kept it from catching fire after the initial blast. Unfortunately, that house has been condemned and has subsequently been demolished.
What the reporter fails to mention is when the initial hole was dug the properties on both sides had their yards collapse into the hole. On One side it was their driveway, the other side it was the backyard fence. Seems that should have a raised a red flag that there was no room for measurement error. Instead, they kept on building thinking the city council would go along with it. Thank goodness they could not buy off the council.
I used to work in construction, and believe it or not, as shocking as it may sound, not all officials are corrupt. Enough of them are that it would make it seem as if all of them are corrupt, but that's not always the case. I saw my fair share of corrupt inspectors and contractors, though, I can tell you that for a fact.
@@jonnydanger7181 I lived across the street and am friends with one of the affected homeowners. I have watched this S-show from the beginning. I have never witnessed anything like it.
I don't know why they did not have someone take it down in an orderly manner so that much of that material could be reused. I have helped tear down a couple houses and most of the lumber from them was perfectly fine to be reused on another project. It is such a waste to just tear it apart with an excavator.
The contractor may want to blame the subcontractor but ultimately everything that happens on a job site is the contractors responsibility. Therefore it was his responsibility to double-check to make sure that his subcontractor did everything correctly
If I tell a client "my employee messed that up, it's not my fault so I can't do anything about it" that would be my last client......essentially thats what the general is saying. Clearly not a good contractor.
To the customer, sure, the contractor should always accept blame and delegate to the appropriate subcontractor for corrective action. But when we're talking legal, some or all of the blame can and should absolutely reasonably fall on the relevant subcontractor in some situations.
This makes me wonder how they managed to pass the foundation inspection phase of the permitting process if the foundation was more than a foot over the setback line. A lot of things had to go wrong to get this far along in construction with multiple inspections and permits signed off on. I hope the homeowner gets a lawyer of her own, as this is going to get MESSY.
Along with the sub contractor whose taken the blame for not re survey the property line. Which was not required till after. So many mistakes.. definitely messy. The city and other makes it sound easy breezy.
Its Kirkwood. Try getting an inspector to come out to do his job, they are all hiding because of... you know... covid. Kirkwood, MO for some reason has a great reputation but is really a craphole of tiny houses full of screaming Karens.
I’m betting that someone did know a proceeded anyway. You’ve heard the saying “ it’s easier to ask for forgiveness that permission” but not in this case.
Apply for a variance Its granted for large 6 to 8 story buildings for their footings to be within .7 Meters of a property line I know because I have dug many foundations for large buildings
I worked on a house with an aircraft hanger recently where the foundation on the hangar was wrong (too narrow) because surveyors set the pins, masons didn't question the difference in dimensions, the framers didn't question the differences, and no one knew or bother to question anything until the roof trusses were delivered. Unreal.
@@Cameroonian The super was friends with the building inspector. (They were both arrested together about a month ago for extreme DUI) So the inspection passed. The subdivision is on highly expansive soil. Stemwall was already cracking and has separated about a half inch before the property closed. Not sure where it stands now. But there are massive problems with other properties with conventional foundations in the area. It pays to be a drinking buddy with the town building inspector.
Well, that whole ordeal started because the concrete guy didn't inform the builder that the survey pins were wrong. As a concrete contractor of over 40 years, I have called out many surveyor issues PRIOR to starting my work, because I never wanted the liability of screwing something up due to my own stupidity. However, in your situation, it became even more compounded when the framers just did the same thing. Unbelievable doesn't even begin to scratch the surface of that epic failure! I expect to see a lot more of this now that the construction industry continues to source their (cheap) labor from south of the border! The language is different and the standards are different. They are less likely to speak up regarding a problem, so as not to rock the boat and delay the construction process....right or wrong!
I believe the builder was at fault. His foundation was against codes already in place. It is his responsibility to follow those codes or face a violation.
@@cristianmendio2461 I bet if the builder looked at the plans the city approved, the foundation size and location on paper does not match and what's on the ground.
@@UhuruFrontier Bet… how much? Construction matched ‘paper’ but without a legitimate survey, the paper wasn’t worth crap. Builder was responsible as you said but town was derelict in not requiring (‘til recently 2021-12) a legit survey as a condition of approval.
@@UhuruFrontier The plans where already approved by city, because the engineer sealed them as approved. We don’t know the rest, by logic anyone that builds knows there city set back. The only ones that commit this errors are new foundation crews. The ones that went to work for Juan for 6 months, stole his tools, than 2 guys, and called himself a professional! Lol
CYA is the name of the game in the world of Construction. Everybody is always trying to hang the blame for this sort of thing on someone else. And believe me, with the number of hands in the cookie jar, from start to finish on a job, there are plenty of people to point at. There were several opportunities to catch this mistake before the walls ever went up, both by the building inspectors, the footing contractors, the surveyors, and the general contractor and/or jobsite supervisor. I'm sure they'll all trying to hang the blame on each other, when in fact, they are all to blame, the way I see it.
As a licensed Builder, the foundation sub might have made the mistake, however, the Builder is ultimately responsible. The home buyer should not pay a penny. The Builder and/or sub, unfortunately, needs to pay for this mistake.
This is a great reminder that it’s your responsibility to check and confirm YOUR work is right! Inspections are at most to keep builders responsible. I agree in this instance that something could have been done before a total tear down but this does make a statement. Good luck to you builders always being pushed and pulled to finish projects faster and faster. Maybe it’s time to slow things down.
My neighbor put in a concrete driveway right up to my fence line. Problem was my fence is 2’ set back from the property line. He didn’t want to pay me for the land, so I filed a complaint with the building department and he had to have the driveway sawed down to within his property(where I live fences/walls have to be 1’ from property line.)
I knew a guy who bought a convenience store from an old man who said he wanted to retire, but he didn't get a non competition clause in the sales contract, so the old man moved across the street and built a much bigger nicer convenience store. He then proceeded to build an apartment building right behind the first store that he had sold, because he still owned the property behind the store, but he thought he would get away with going over the property line, and was forced to by the extra property from the guy he had just screwed for an amount that was roughly equivalent to the purchase price of the store. The only other alternative given by the court would be to move the apartment building or tear it down, both of which would have cost considerably more money than simply buying a few feet of property.
My personal property is next to a house built in a smaller than allowed space, crooked contractors have existed for a long time glad to hear someone fought back.
I remember a case where we had a builder build on the lot next door. This was found just before closing at the final survey. They builder managed to exchange the lot, get they buyer to move one door down and we transferred the inspections.
Lol, preference and convenience is what people like, when they live on top of each other. I'm willing to bet, none of these properties are 1 acre, much less close. I live on 40 acres, for what most of these houses go for on a market in over crowded locations. Probably even half of what these houses go for. 2200 square feet is enough for me, I wouldn't mind 7500 square feet in my shop. But I have time to build.
The setback is included on the foundation plan..the general contractor is where it started..There should be spikes as to where foundation must be located and throughout communication with excavator/ concrete ..Builder is at fault here.. I'm a licensed general contractor..
@@lynnbetts4332 There might not have been a lender involved. Either way the builder is supposed to mark out the where the foundation goes and someone screwed up. I wonder if they assumed the driveway was the edge of the neighbor's property but there is another foot or so to account for.
In reality, and IMO, the city changed it's rules after all the permits were issued. I would have taken the city to court. The city is the one to issue permits. and if the city failed to notice the wrong setback, then the city should have to pay for the demo of the house. Once a permit is granted, I thought it can not be revoked unless their are changes that were not stated on the application for the building permit. IMO A city, county and/or state building permits are legal contracts that state you said when filing for the permit is correct and the building inspector saw everything was up to code. This would be breach of contract on the city's part. There are sometimes mistakes when building new homes, even when my parents built their new home, there were a lot of mistakes. the driveway curb cut was way, way off by 5 ft. then there was the address to the new home that was incorrect at the time. But my parents did not know it until the Fire department told them of the correct address. After my parents lived there for almost a year.
@@henrimatisse7481 If you sign a contract and you and the other party agree on the terms, then all of a sudden the other party wants to charge you more for that contract, You will state that the first contract will be null and void. And someone will have to draft up another contract to the likings of both parties. Say you do roofing work and you ask for $1,000. You and the homeowner agree to the contract that you both sign. Now the homeowner does not want to pay that much when the work is almost complete. You will either take him/her to court for breach of contract. Or try to work out a deal for the roofing job you just did. Or if you do not have enough manpower to do the work within the time limits of said contract. Then the homeowner can state that the contract is null and void. This is depending on which state you live in.
The Subcontractor? It's the Contractor and his field supervisor's job to ensure the proposed foundation layout is in the correct location and does not violate the required setbacks before the concrete is poured.
It's "would have", and tearing down a house is a dangerous, costly, and slow process. The contractor is probably on a very short time line by court order.
@@slappy8941 If the home was built over the setbacks as if the home was to wide for the lot, they would have to redesign it anyway so dismantling the home in usable sections would of been ideal.
35 years ago at a former home I was having a 12 X 16 storage barn built. I went to the codes building and spoke with the codes officer. He asked where my pins were for the lot to my home. I showed him. He told me to be sure my barn was 12 feet in from my side line (pin to pin) and 10 feet in from the back line (pin to pin). I measured in 14 feet from the side line (between me and neighbor on my right and 12 feet in from my back neighbor (that was a school about 300 feet away from the back property line. Barn is still there to this day as far as I know. Only takes about an hour and a half to get the rules and get a permit. If I can know to do that 35 years ago certainly folks in the contracting business today know that too. Something shady was going on here.
This is why building a house in a crowded city just plain sucks! (I originally come from the "country", where land is plentiful and houses can be basically built however you want, and to whatever size and shape you want, as long as it's 100% safe and at least up to basic fire codes and such.) (I now live in a "city" myself, (large town), but on the outskirts of it, so it's not so crowded.) The fact that they tore that entire new house down because of an 18" error in size on one side is just disgusting, and is a gross WASTE of resources, not just the building materials themselves, (which are already in short supply and expensive due to the pandemic), but also this was a major waste of everyone's time, energy, and money, both to build it "wrong" AND then to tear it all down again! This kind of overall waste just makes me sick even thinking about it!
Builders shouldn’t make these mistakes if they abide by the proper city codes and survey guidelines..Stop trying to cut cost and get the proper surveys done within the city codes… costly mistake here
Having had a house fire and there was 12 feet apart from our neighbors, our fire still burned the neighbors house. So that space is absolutely necessary. I don’t blame the city for not waving it.
Attention to detail! My builder had put in the forms for the footers based on the topographical survey which was based on the house plan which had a different basement than what was in my contract. The house plan had a smaller basement with the structure having a 2 foot overhang across the front and back sides. I caught it before they poured the concrete and had them correct it. I would have lost 250 sq. ft. of basement area and had unattractive and useless overhangs. The builder simply handed over blueprints to contractors and wasn't paying attention. Just the first of many possible goof-ups that I encountered. I'm not a builder but I felt like I was running the show many times. Even my wife had to correct the plumber and carpenters several times because they were doing things wrong. The lesson is to not necessarily go with the low bid and the line of BS. He took me to a house that he built and the people talked him up real good - I found out later that it was his sister's house.
Once knew a shady guy who did something like this on purpose. He thought he'd get away with it. He didn't. His building could stay if he bought a 4 foot wide by 100 ft long piece of property from it's owner to meet set back code. Thing was it couldn't be subdivided for sale. He had to purchase the entire lot from the owner at whatever price the owner wanted. Too bad, the shady guy knew beforehand he couldn't place the building there. He had requested, on film, a variance, was denied and did it anyway. Love it when the bad guy loses.
As a surveyor, I was asked to verify a setback for a newly constructed residence. The setback is 5 ft., and the foundation was built 3" from the property line. I believe the owner/builder did this purposely, but claims their surveyor staked 5' offsets. County has no requirement for certification of setback prior to pour. Neighbor is challenging it. Real shit show.
@@gopplergoppler8827 5 foot setbacks from the property line are common nationwide and have been for a century. They provide room to fight fires and protect the neighbor property. Nothing communist about these zoning codes.
@@gopplergoppler8827 you say that until your neighbor does something that hurts your property value, and you really should go back and study what communism actually entails
WHY DESTROY IT ???? Fine the guilty party and stop this cycle of Nonsense. And I must ask what's wrong with DISASSEMBLING ? Salvage what you can with the crazy prices of construction materials foisted on us today.
About 10 years ago my next door neighbor fenced in her back yard. At the time there was a large tree setting directly on the property line. Rather than set her fence a few inches inside of the lot line and boxing around the tree, she set the entire fence about 2 feet inside her property. We get along with each other and I would not mind if she moved the fence over now since the tree is gone. I do wonder what will happen years from now when our two properties have new owners. Trying to move the fence with new people involved will more than likely cause an argument.
I worked for an engineering firm and we designed subdivisions among other things. In one of the subdivisions I designed, the front setback was 25'. We designed the houses so they would have a 25.5' setback in case they made a small mistake. Usually after they put the foundations, surveyors come out and do a "wall check" before moving on with the rest of the house. For some reason they poured the foundations for two sticks of townhomes (I think it was 12 homes) and went ahead and did the framing and sheathing. The surveyor came out to verify and the homes were built a foot into the setback (24' from the property line). The county made them tear the homes down and redo them. When I first found out about the issue my heart sank because I thought I might have designed them wrong. After 3 hours of fractionally checking everything over several times, I was relieved to learn that my design was correct and the mistake was somewhere else in the process. I then told my coworkers and boss and then we all had a good laugh about the mistake.
Glad to hear your heart kept beating long enough to be able to figure out it wasn't your fault!! I have anxiety just thinking about what you must have gone through!
Man. I don't think I would be able to recover from that even if I was convinced that it wasn't my fault..... I can't believe this happens I mean I can but I am in disbelief. What a waste.
I did two wall checks today. Several of our clients build very tight to the front and sides. We stake out the foundations and the brick points so the Wall checks are always at least a tiny bit nerv racking. I've had several within .03' of the EBL
I’m sure it was a huge relief that you and your company weren’t liable for the huge mistake, but why did you laugh about it? Materials, time, and money was wasted, and someone who made an honest mistake, could be out of a job, or jeopardize livelihoods.
Doesn't matter who the mistake is on which sub contractor?The bottom line is the contractor is responsible!!! He should have been on the jobsite when they pulled the strings for the forms.
The neighbors seem like reasonable, good people. The only problem is if the city makes an exception for one developer, the city kind of has to make exceptions for everyone.
One of the reasons for a setback is a fire break. We recently had a house explode (mental health issue) but one house suffered critical damage and the other the entire side that was exposed had its siding damaged, bent, melted and last damaged. They had a five-foot separation on one side and a five-foot separation on the other where the second house is now condemned due to being blown off its foundation.
As a pilot, I am always amused when flying over a subdivision, and seeing how nice and consistent the homes are laid out, then.... there is sometimes one, clearly and obviously visible from the air but not so much from the ground up close. A 100 year old historic home in Great Falls MT was like that, askew on it's lot from all the others, I sent an aerial pic showing that to the foundation that gave tours of it, they said NO ONE had ever noticed or commented on that before as it was not enough to notice from the ground, but someone screwed up!
You have the correct perspective to see what is not easily noticed on the ground. Years ago long after I purchased the place where I now live, the neighbor needed to get his house resurveyed since he was refinancing due to much lower interest rates. I noticed the survey flags but he didn't say anything to me about it. A little bit later, I refinanced my house since I could get an interest rate of around 6% instead of the 10% I was paying. This time I paid very close attention to the placement of the survey flags. It turned out the survey was NOT where the fence was located nor was it next to the irrigation ditch. The survey showed the property line was 15 feet to the south of the fence. This resulted in my neighbor "losing" the part of driveway which was actually on my property. He was very upset about it but refused to pay his share of the new fence. Since a new chain link cost more than I had, I just put up a T-post and welded wire fence. It has been at least 25 years since then and the next door house has been sold twice. I suspect it will sell again soon since the wife no longer lives there and the kids are grown.
@@RJ1999x How could they do that with all the 'independent journalists' on the job? Maybe those so called journalists need to spend less time inciting the rabble via misinformation and selling bracelets and more time exposing the truth about the government. If the government is obviously breaking the law, why not start a class action suit against them? That's what happens when laws are actually being broken.
@@owenparker6651 and file the class action lawsuits where? The justice system is as corrupt as the rest of the government. Where was the supreme court when the elections were stolen?
GC’S fault. Don’t blame sub-contractor. Own it. BTW, why did city inspectors ok the foundation to begin with??? This is the question that needs answering….immediately. City should pay the entire teardown and rebuild costs.
My dad had three acres of land and his neighbor had about the same. After having a survey done we discovered his circle driveway crossed over the corner of our property by about 5-6 feet. We offered to sell him the land if he took care of all the legal work. He agreed, but never did anything. A couple years later, we built a fence across his driveway. He doesn't have a circle driveway anymore.
@@lisab9541 Because he was already encroaching on our property even though he had plenty of land himself. We offered him an even swap of land if he would do the administration. He agreed, but he never did it after several years. We built the fence so that he could not make the argument that we never objected and he could just take the land after some period of use because he had created his own easement. There is a case of a squatter in a home where the owner died. The squatter eventually took full ownership from the rightful heirs of the house because no one objected for years.
@@FranktheDachshund yes, we didn't want to have an easement that was established if we never did anything about it for resale proposes. I forgot, we also gave him the option to trade land if he took care of all the legal paperwork and he didn't do that either. Plus it wasn't a paved driveway he had. It was just a mulched circle drive that encroached so then he just had a straight in driveway. We figure it just wasn't that important to him.
I closed real estate for many years. Back in probably 96 a lady had a property where she knew her plans were over by 8 inches I think. She had money. Big house. She also had a neighbor who saw the flags go down when the framing for the foundation was laid. She called me. I told her not to do it. I refused to close any of the title insurance. Almost be willing to Guarantee you, almost, the owner themselves knew and had the contactor do it anyway. In my case, I know she had trouble selling later, but it could easily have had this happen. This was 1.6 inches. The owner just couldn't manage the adjustment and it cost them. Which basically equates to losing a total of maybe 105 square feet on a 4800 Sq.ft house. Unless about 15 people are willing to lie, no insurance company will pay that claim.
1.5 feet over setback. 🤔 Generally that small amount would be let go by varience. Something tells me this is not the first time the builder has pushed that boundary.
No it is like Florida where you are required a curb set back and an above the crown of the road requirements plus the side line setback and the side line is from the home overhang not the foundation.
Only if the permit application showed it being over the setback line. Considering the builder is blaming the subcontractor, if you watch the whole vid, I think you are incorrect.
I recently looked into installing solar at my house. The installer said it would take about two weeks for installation but the permitting/inspection process would take at least 2-3 months but realistically mid to late July. I realized that the government/zoning officials are little more than a public funded HOA. Safety is one thing, but this is ridiculous.
Yep. City can't hire more employees to make permitting move faster as there's no money in the budget. Govt budgets eat tax revenue and govt fees. They never (or rarely) generate revenue outside of service fees paid by taxpayers. Then there's the taxpayers who think taxes and fees are too high. California is a great example of how bad things are. Voters have killed/rolled back taxes a number of times. They're paying for it now as they got taxes out the ying yang for that foolishness. Then, as a govt employee, we have to follow the law or get fired. No wiggle room there. Taxes are the cost and price of civilization.
That's because nobody's doing their job properly. So the city inspector that that area pays how much money a year couldn't get out of his vehicle and measure the spray paint marks before they started digging the hole
Wow, that is jaw dropping. I would not want that developer doing any work for me. They need to investigate what else they have done wrong. I'd be pissed if that was my home.
Being a building inspector I can say with full authority that this is the builders fault. Taking that into account. I personally verify the setback on all foundation work in a situation like this one (residential home in an existing neighborhood). But that's a courtesy I impart on the builder to help them avoid this very issue. Regardless of how I inspect work, this falls 100% on the superintendent of the project and I would have fired him as soon as the problem was discovered. For anyone not knowledgeable in this field. The setback of a property is established fora number of reasons. The most important being fire prevention. If you neighbors house catches on fire your going to want those details to be solid. A 5ft set back guarantees at the least a 10ft fire break between structures.
BUT three foot setbacks were allowed not many years ago, and zero inch setbacks are possible with approved materials and wall assemblies. This anecdote is unfortunate for the builder as well as the community eating ever increasing costs of construction.
@@timgerk3262 What was allowed, and what is allowed are two entirely different things. Residential setback in my area is 6ft. 0ft setback is allowed with an approved assembly only. All that really matters is the approved clearance in your district. And building codes don't have as much to do with the inflated building costs as your making them out to.
If anyone here has any confusion as to why people hate city building departments, this would be a wonderful example. What an asinine decision to require the building be torn down for a ~1 foot screw up. I don't care who's at fault for the screw up, the city made this way more difficult than it needed to be.
…there’s no way this wasn’t discovered until the house was this far along the contractor was likely telling the owner “It’s easier to get forgiveness than permission”. After 40plus years working for design and construction firms I’ve heard this a lot, and it’s never true. The homeowner got screwed.
Watched my neighbor get forced to do this 2 times over 5 years. He simply has never built a house nor does he know how 🤣 but sadly my neighbor keeps tearing it down 'carefully' and reusing the wood. Poor guy
its sad that the building department can't be held responsible for this it should have been caught before this had to happen , the general contractor should have known this as well that's what you get when the contractor is not on the job all the time and leave it to someone that should not be in that position . I was a lead carpenter on a few job and my job was to make sure that our subs did things right its the contractor fault . I worked on a school once and found a two inch disciplinary from the hubs and caught it before they poured it it would have made the gym out of square it doesn't sound like much but its better to try and make things perfect because they never are !
Wow that was a close one. Imagine the danger we all would have faced, had this home been completed, one foot closer to the neighbor’s property line! Thank god government is there to protect us all from such very very dangerous situations. After all, only about $300,00 in man-hours, materials and time were wasted. (Sarcasm)
When you get in a city, like this. There are permit inspections constantly. That's what the contractor will fall back on, but ultimately the contractor insurance company will pay out a settlement. Just like they always do. Cheaper to pay a settlement than go to court
Unfortunately, that reasoning was just used to make a successful end run around Americas Second Amendment. Now everyone needs to start worrying about the banks and insurance companies being weaponized to pressure and persecute political enemies. Trudeau is doing it openly right now.
Maybe they did know, or maybe they didn't know, I don't know, but I know one thing: If the city had let them slide, there would be a whole bunch other developers suddenly making that same "mistake"
It seems like knowing where your property lines are is the very first step to building a house. You would think a 30 year builder would know this. You would think every excavator, foundation contractor and project manager would know where the property line is, exactly, have it marked and each take their OWN measurement for the set back so as to not get blamed for what is now a $50,000 mistake. The zoning board could have worked with them but, 5 feet is pretty lenient set back. Mine is 15 feet each side.
Some contractors are blind. I can't figure out if they really don't notice when things are out of place or just don't want to see. Its maddening to walk right into a place they worked on that day and notice misplacement right away. Like how hard is it to make all of the outlets the same height??? Tape measure, anyone? And I'm the bad guy for making them patch drywall to move them. Its the opposite extreme but same root cause as this video. There is also a rule that contractors never turn off the lights or latch the doors behind them...
The developer most likely did this intentionally thinking that the City would not enforce the code after the building was already constructed. Shady developers do this all the time and get away with it.
Developers need to keep doing it so the absurdity of the law gets exposed like this. If the neighbor is not complaining, who is the regulation protecting? God? The regulation is useless. If someone builds a house too close to yours, then complain to them directly or move. The City should mind its own business.
@@ormand3000 yes. It’s their property. The city doesn’t own the city. If I buy land, it’s mine. It’s not “ours”. Voters can’t just decide the “also own” your land. It’s a violation of their property rights. Just because you are a government goon doesn’t mean you get to violate property rights.
@@firstlast9916 If they allow exceptions for one person that violated the setback ordinance, then they can get sued by someone who was denied a variance. It's common sense really. Setbacks are there for a reason. one reason are there are usually utility easements on property lines for water, sewer, gas, electrical and cable. If you allow construction into those easements, then there is risk of damage to the building when utility service needs to be made. Most municipalities require a survey or a drawing at the very least that shows compliance with the ordinance. They also sign the permit agreeing that they are abiding by the setbacks. If there's a change during construction, they would need to apply for a variance. This builder just figured he could do it his way instead of fixing his crews mistake instead of following the rules like everyone else.
Why would a builder purposefully build over utilities that are supplied to him? That makes no sense. The city needs to be sued by millions of people for abuse of power that serves no purpose. Nobody wants to build on utilities that are supplied to their own home. If there owner builds on those utilities, then they are only hurting themselves. The only reason cities exist is to drum up fake fear about stuff that naturally takes care of itself and to collect permit fees for stamping papers that they have no right to demand from anybody. The city is an illegal organization that violates constitutional rights all day.
Another great example of government tyranny. If it was any one of those board member’s homes, they would have let the minor issue slide and continued the project. Instead, they set one of their citizens months back in their knew home project and possibly ruin several local businesses. All over ONE FOOT!!!! 🤦♀️
This report failed to show the effect the 18 inches had on the properties on either side of the house.Both yards on either side collapsed into the hole. The real victim here isn’t the builder.
@@ss2750 The home owners on either side stated they had no problem with the construction, so I’m not sure what you’re talking about, but I live in this area, so I’ll stop by there myself. I’m also in construction, but have nothing to do with this project.
If you live in the neighborhood please do walk by and you will notice the collapsed driveway on one side and the collapsed backyard fence on the other. There could be a reason the neighbors were not putting up a fight against the tear down. Since you live in the neighborhood you must be aware this project has been ongoing for over a year, with multiple delays (is it normal to dig a hole then leave it untouched for several months ). I’m sure those neighbors are tired and ready to get rid of this ongoing headache. I’m this instance, I am glad the Kirkwood City Council looked out for the innocent property owners.
It's a lot more work to disassemble a structure than to demolish it, they're already going to have to eat the cost as-is, and the actual customer wants their house sooner rather than later. You can tear down a house in a day, disassembling takes a lot longer.
@@adamb89 Well they should at least recycle the wood for other buildings that would help save on wood costs of course if the wood is bad say in a old building of course don't use it but in this case you could justify that reusing the wood for another building wouldn't be a bad idea I think you missed by point by focusing to much on the time aspect of things rather than the overall idea of the message
@@mechax1 How exactly do you expect that to happen lol? "Yeah hey so the house we nearly finished, we gotta scrap it and start over. We could demolish it, but instead we're gonna take 2 months to dismantle it the same way we put it together, so we can save a few bucks. Hope you don't mind."
“Vast volumes of history say Man makes mistakes most everyday. That half a pound of fresh ground round Is still a burger when it goes downtown” -John Prine
I.6 feet not 1 foot. The report minimised the error to make it seem trivial. The planning department/city inspectors or whatever are 100% correct. Somebody chanced their arm here and got caught out.
So fine the builder. At a time when there is a shortage of materials a shortage of homes, this is the only solution Kirkwood could come up with. This is why government is so hated!
there is a movie from the 30s. A large large hotel wanted a backwards family like the Beverly hillbillies Clampett‘s to sell them their property. The old timers did not want to leave. So the hotel owners set every government agency on them for everything they could think of that wasn’t in fraction on the zoning laws. Cost them a lot of grief… Just when everything seemed to be over. A survey was done of the property by the hotel owners. It turned out that the hotel was built on the old timers lot by 1 foot.
The builder gambled and lost, they probably got away with it before. It was that simple. I would love to see a follow up investigation on how many times had they filled for exceptions in the last five years.
A 11/2’ ft. in a 5’ setback is easy to see. This mistake should have been identified prior to proceeding with any additional work. The subcontractor, most likely the foundation crew should be held responsible for the cost of replacing their own defective work but beyond that the contract is responsible. Too bad however, considering both neighbors were willing to sign off on a variance. The council members at the city most have felt the need to make a point.
Ok, seriously though, what on earth did this solve over a 1.6 over the line, your control over this situation could have been to be appeasing and since they were that far in the build and it got caught late, after a new law took place just recently, a hefty fine should have been an appeasing option, especially since neighbors were not in conflict with it. Do you know how much money and time was wasted!!!! And now more stuff added to landfills!!!! What a waste of wood, which mind you isn't cheap right now!!! Not to mention all other materials used to get that far in the build. And you destroyed something that really isn't life threatening??!!! Good God get the hell over yourselves. Since neither builder and the sub-contractor, will take responsibility, a hefty ass fine would have made the city money and kept the project moving forward, of course not the homeowner because they put their money and trust in those who are doing the build. But fine them and let it go, for a 1.6 foot, seriously pathetic. Before this "law" in December of 21, and doing the survey after footings, etc, how many were out of line and are now existing builds on the tax books. It's not life or death, seriously folks. What a waste....
“Exactly what you said” And couldn’t have dissembled Instead of destroy ! My replace boards on hold and other home improvements over cost materials!! People are just ate up! Apparently they have money trees Please propagate and send me one!
Thank goodness the municipality held their ground. The set back is 5 feet. They were more than 30% over the requirement. The neighbors might have agreed but they don't live forever. Then the new owners are always wondering how in the heck is this big ole house only 3 1/2 feet away when it should have been 5.
I was on a code review board for 10 years. Builders know the setbacks for property lines and they try to build over line all the time. They build fast and ask for a variance when the house is 50% or more complete. The city did the right thing in making them demolish and start over.
The fact that they destroyed the building without trying to salvage the wood and pipes really pissed me off.
same here. total waste of everything
Yep me too. I could’ve had that building down in five days and salvaged all the materials? maybe sent them to Habitat for Humanity I don’t know.
Somebody must have had a hand in the contract to raze it instead and got paid a kickback. The original comment stands very firm !!
It is not economically feasible to salvage anything from this building. The cost to remove all fasteners stack and store the lumber alone would cost more than to demo it into a dumpster and build it back with new materials.
I really love who people speak without knowledge, how does the bottom of your shoe taste there!
@@deepdirtysouth2394 you have never framed a house in your life ! You are making statements of pure ignorance!
I bet if "The City" made a mistake with one of their buildings it would be granted an exception.
The city is just as much to blame as anyone else.
Of course it would, because council members are in each others' pockets.
it's the same city who sued hyundai because their residents couldn't stop stealing cars
------------ " NO, they wouldn't make public the mistake, cover it up and move on until completion! It's one of many gifts Washington Politicians have taught local Governments how to cheat, steal, lie and screw the tax payers! " -----------
@@aero9009nah, that’s justified. Hyundai and Kia both cut corners that they shouldn’t have.
Shame on the superintendent and City inspector. That mistake should have been caught when the city came out to sign off on the foundation. which happens before framing and backfill of the foundation.
Exactly!!
Sue the city
In my country building inspectors are usually people who couldn't cut it as contractors so I'm not surprised they dropped the ball.
Yes, so why isn't the city inspector being held responsible then?
I am sure the city inspector was busy pigging out one a few box of donuts. In a sugar coma and had no clue what was going on. What a crazy wasteful use of materials.
You have to pay attention when a house is being built for you. Decades ago friends of mine built their first home. He went by the build every day to look it over. He routinely found things done wrong and had it corrected before they went further. He was a thorn in the contractor's side but the home was built correctly in the end. It appears that little has changed in almost forty years.
Yeah I've been in construction since the late 70s and if the homeowner comes by daily and checks out your work hey shouldn't have a problem with that if you're doing the job right just as long as they're not complete jackasses and do know what their looking at. But mostly you rarely see them.
In this case, the inspector failed by allowing construction to move forward.
@@Matt-kt9nm yes but it happens very often you hear stories sometimes decades down the line.
Had a well know criminal lawyer buddy do that, big case of galloping anal fixation but necessary. He's a detail man and in his job lives may be on the line (or life in prison may be on the line). Drove his builders nuts and they want'ed to SLAM everything in. No, you're not.
Now they use labor that is not even close to the same skill level as 50 years ago. Too many are graduating from trade schools who barely know more than they did on day one.
Measure twice build once.
Absolutely. Just good old common sense.
But I'm paid by the hour.😁
@Ivan Garcia then you should have commented it instead of looking for it silly
@@creativenamegoeshere8499
Most people don't like to repeat someone else's comment, genius.
@@ccdogpark ok if that's how you do it that's cool. I was just thinking that it's a lot easier to write your comment instead of spending/wasting time going through all the comments to see if anyone else already had the same thought as you because more than likely they did. But hey if you want to waste your time then go ahead genius. I'm going to spend mine reading rocket science journal quarterly.
Very unfortunate indeed. However, to destroy a home that far along is pure idiocy. Give someone a bit of power (the municipality) and they just go nuts. Very sad.
It was discovered before the house was that far along. Someone took a chance it would be overlooked or approved anyway. They lost. Not the municipality's fault.
Is it made from wood? Why pull all house down not just three foot?
The problem is bigger than this one property. If this build was allowed a green light - local builders would know that they could fudge the set back line requirements and that would lead to a snowball effect of builders not following hard boundaries and requirements.
I personally wish our American cities were more compact but there is a reason for setbacks, and it has to due to the fact that a vast majority of American houses are built from wood. Look up any old city, and it likly has the phrase "great fire of..." somwhere in it's history. American cities used to be very flammable, and still are today, to an extent.
Kirkwood is ran by liberal democrat nut jobs who will in turn protest the cutting of more trees to build what they just destroyed.
This is sad this happened. I’ve built many homes in my life, and every single time I hired a surveyor to put pins for the 4 corners of the house to square off of. It’s required in Florida to have a site plan stamped by a licensed surveyor . I built my last house on 5 acres far from the property line and I still paid the extra to have a surveyor put his blessing on the project.
Cheap insurance 👍
I get a lot of bitching about how expensive survey is but not surveying can be very, very expensive down the road.
In many jurisdictions a surveyor is required to inspect the foundation forms
I’ve been drawing blueprints for residential and commercial properties for over a decade now, and my design starts with the survey of the property and the setback requirements in the area the property is located. To see a mistake as obvious as this get so far into the building process should bring shame on Everyone involved in the construction of this home!
They are ALL at fault.
Wrong.
Hi Bri - do you re-sell the homes you've designed? As in, your blueprints? Or do you just design and give to the client?
Helping to ruin more of what all ready being poorly done. why would any body be bothered by a foot makes it scary and sickly.
@@rickmcphee4206 Right 🤡
Yes but the city could taken some sometime gotten some independent arbitration worked it out with the neighbors signed a waiver of encroachment but City acted hastily because we're all peons not just the fact that the people there on the job did screw up a bit.
I "disassembled" a 3 story grain and feed facility, built in the early 50's, about 30 years ago. I sold the majority of the material on site, kept the best of the best to build my own home, since sold for a large profit. The thing is, it was built different then a modern home. Hand nailed boards, and nails that wouldn't break off when you used a cats paw on them! By the time you get a glued sub floor on TJI's up, you have trashed the 3/4" sub floor and probably the joists , they DO NOT come apart as easy as they go together, not even close. Getting the OSB off the trusses would trash the OSB, but the trusses could have been saved, with a lot of extra labor cleaning them up. Demo work is also, or can be, more dangerous than new construction, in the way things move around when using large pry bars, not to mention exposed nails to step on. I think most of the comments here are from people that have never tore down a substantial structure, it is a lot of damn work, BUT, if time was not a factor, for the right hard working and motivated crew, this house could have been cost effective to tear down by hand, if that crew's time was not highly valued. Blame modern pneumatic nail guns and staplers and construction adhesives for much of this.
My dad is a construction worker and knowing him he would have paid someone else to do it because he wouldn't want to deal with it.
Nobody would want to try and save OSB, you couldn't, it's built to crumble and that is what it does best. It's cheap. that's what you can say about OSB. It's cheap and full of chemicals. And it's cheap. My house is old. You couldn't give me a new house. A truck hit my house, airborne at about 50 mph and the header to my champion picture window stopped it. My front wall was built with 1 x 6 or 1 x 8s. My new wall isn't worth a nickel. It's not OSB, Isaid no OSB but it's not built back like it was and you can hear sounds from the road like a window is open. I wouldn't waste the money on a new house. Not a nickel for new construction. Not one nickel.
The lazy way wins every time
I would have been happy to tear it down and reuse most of the wood. A sawsall, hammer, flat bar, sledgehammer and a few more tools, and a week is all I need with my crew. We're rebuilding a house that burned and saving thousands by reusing studs that didn't burn.
What I was thinking was board for resaw. Some things can not be manually saved.
It's up to the contractor to ensure the lot is surveyed correctly, he's trying to blame a subcontractor, ridiculous!
@Tyrone Brown first of all its responsible, secondly it's the contractor's duty to make sure the Floorplan fits the property once the real-estate survey is done. Lastly, their zoning or building department has the last say in the matter
Form board crew screwed it up, set the forms by accident 1 foot forward. But in reality we don’t have the entire facts! So guess it’s just a guess!
@@tomcander3669 as a contractor myself, and a person who absolutely despises the stupidity of zoning boards. There is absolutely no reason why a mistake this minimal cannot be approved. This is bureaucratic authority gone mad and frivolous waste.
@@barnandhome it's because variances are not usually given after the fact. 18" on a 5' setback is huge. Just sounds like the developer is passing the buck
@@tomcander3669 yeah I get some of that.... but you don't tear down a freaking house and rip up the foundation. How many homes and buildings are on this planet with zero lot lines? My county sucks to work with compared to dozens of surrounding counties, so they lose investors and contractors all the time. There's times to make exceptions.
Yep. A new house was being built across the street from me a few years ago. Somehow, the foundation (large ranch with full basement) was poured 20(!!!) feet past the set back. The city did not complain, a neighbor did, and the city then made the owner knock in the entire foundation and redo it. That had to hurt.
I just made a comment above, about a duplex across the street where they did the same thing, except it was just a concrete floor.
Damn with the price of lumber I'm surprised they didn't try to salvage some of it.
Was thinking the same thing. But it probably would cost more to pay someone to take it down piece by piece.
@@meyou245 Yes. plus pay someone to take the nails out of the studs, floor joist, rafters etc. would add to the cost.
Id have taken it down free for the lumber
Yeah, this made me sick to watch for that very reason.
They got plenty money, and project was already red tagged by city, means no work, no entry, that suxs!!!
Somebody was pushing their limits, on boundaries. I'm surprised that they stopped this construction. Somebody pissed a inspector off .
The inspectors signed off on it, hence it almost being finished.
I would have tried to buy the 1 1/2 feet of property from the next door Neighbor ....Lease or buy or sue the Builder !!!!
This is typical when you get inspectors involved, there job is to slow you down and cost you more money. I had 27 inspections to finish my house and not a one of them had ever built a house.
Inspector should be fired for wastefulnesses
More like the city has a bone for this guy... I know that I am a builder and I've made my share of screw ups just like this one most if not all were forgiven
I've been a new home builder for 25 years. We ALWAYS do a foundation as-built survey to verify it's in the correct location prior to buying a stick of lumber. This is the builder's fault. It's his job to have the surveyor verify the location of the foundation.
And the Contractor is the one who selected this surveyor to do the work. I hear it often that its the Sub. Nobody cares. It's the same as if they were on your payroll.
Of course the builder will try to blame a subcontractor. Builders threaten subcontractors with no future jobs. As an owner of a build job I have seen it.
i say they could have built a new foundation wall and tore the side wall down and rebuilt it 2 feet narrower and it would be easy to fix
@@carmineredd1198 You would still need to move plumbing and other stuff. You would need to make the changes to the build plan and submit the changes to the city for their approval. And most of all will the owner, who is having the house built, go along with the change?
@@everybuddy5924 Still about ten times cheaper than a complete do-over.
Horrible to think it's the clients problem to pay out. That alone should shut the company down.
Owner should have insurance options to cover builder screw-ups.
The client is the client of the attorney speaking. The attorney represents the general contractor/ builder. He isn't referencing the owner of the home. The builder is going to pay for it for now, but may need to then go after the subcontractor that laid out the foundation and put it too close to the set-back.
Contractor can say it’s the subcontractors fault all he wants. Everyone knows that the contractor is at fault. It’s his job to double check and make sure every step of the build is done correctly. Not to mention if it was noticed early on and they continued the build,that shows how inept the contractor is. And they could’ve totally reused most of that building materials.
Residential GC's
C O N T R A C T-or.
I'm thinking it was the surveyors. Or whoever laid out the basement. You dont just add another couple feet to a house and everything just works out in the end. Everything would be short. Materials would be short and nothing layout wise would work proper. That didnt seem to be the issue so it looks like the house was just put on the wrong spot.
And yet they just kept building after they noticed.
@Tyrone Brown they have to have a building permit lol. Most inspectors are checking for construction code NOT the layout of the actual house
Many contractors live by the moto "It's easier to beg for forgiveness , than it is to ask permission."
With that in mind, why wasn't the mistake caught before the walls went up?
Something stinks, here.
If you ask me, there's something kinda of fishy🤔🤔
Haste makes waste.
That motto goes with assuming makes and ASS out of U and ME. Never assume when a customers money and your pay is on the line
They lived by some sort of motorized thing; not a motto?
There's all sorts of mottos that make people think and do silly things haha
The building codes for setbacks have been there forever. They just made mistakes hoping the city would allow for waiver.
If they new the slab was in wrong place, they should have busted it up before another 20-30 k of materials was used.
@@twobeagles1365 They clearly didn't know until later when a survey was done. Why they didn't do that first who knows, but the city is just being jerks like they always are
The video clearly states that the issue was found after pouring the slab but before framing started...
More than likely one size cookie cutter house. Would have cost a lot of money to redesign a couple feet shorter on one side so they just took the chance.
@@drewfoster1493 No, it clearly states that it was after the slab had been poured AND WORK ON THE BUILDING OF THE FRAME HAD BEGUN. Listen to it again at 1:36 they say it.
It would be more practical to move the house two feet or two miles than to try to salvage the materials. Jack up the house on cribbing and extend the foundation two feet on this side and close it in two feet on the other side. Shift the house and set it back down.
But would it be cost effective? The house was pretty far from finished. Hopefully someone did crunch the numbers on simply moving the house, but at this stage of construction, it might not be worth it.
I framed many houses over many years, in Texas and in the Mid Atlantic. It is not practical to disassemble the house and reuse materials. Those gun nails are impossible to remove without damaging the lumber. Subfloor is glued down. Everything is shot full of gun nails, and all you would be saving would be damaged used material
This reminds me of an episode of The Jetsons, in which during the ongoing feud between Spacely Sprockets and Cogwell Cogs, one of the bosses complained about the other's new office building, for being one inch too tall, so the city sent out a drone, which smashed the roof with a hammer, causing the whole thing to shatter and crumble to the ground in a small pile, which was then swept up into a dust pan by the drone, and the drone flew off. And that's my random, more than half-century memory of the day.🤔🤗
I remember that…😀
Ruh-roh, George.
🤣😂🤣
Classic!
Yes, truth is stranger than the Jetsons.
Been involved in the building trade for 45 yrs... you apply for waivers to set backs BEFORE you start building... that way this doesn't happen!
Any "reputable" builder that has been in business for that long, should always start by having an official site survey, and accurate plans, done, verified and approved by the city/township. There is absolutely no excuse.
Yes. My late brother was an architect and had a general contractors license. He spent the money on making sure any project of his was being done correctly. He would include the extra detail cost into the price of his projects. He would also do his own inspections on a regular basis to verify specs. He was always a meticulous person throughout his life.
“No city requirement for a survey prior to build” it’s the city’s fault , could’ve taken the footage off of the encroachment side / reframed that one side and added the sq ft to the back or other side
@@guysumpthin2974 -- nope. Still the GC/builders's respinsibility, for the sake of saving their own behind, to measure, verify, survery, and get site plans done *before* anything gets done. Any *responsible and reputable* builder/GC will always start with that.
You have to before you can start building anything. So pretty sure he had approved blueprints and a permit before he broke ground. He damn well didn't get to the framing stage without anyone noticing
@@hbm_54 He has to have all that done before he can get approval for a building permit. So just wondering why the state inspector even passed the footings if in wrong location 🤔.
We had a house explode in our neighbourhood because of a senior with mental health issues. One house beside his was saved with warping and peeling of the siding from heat due to the initial explosion and subsequent fire because of the driveway and the other house, while looking undamaged, has been wholesale taken off its foundation and moved six inches. The setback was what kept it from catching fire after the initial blast. Unfortunately, that house has been condemned and has subsequently been demolished.
What the reporter fails to mention is when the initial hole was dug the properties on both sides had their yards collapse into the hole. On One side it was their driveway, the other side it was the backyard fence. Seems that should have a raised a red flag that there was no room for measurement error. Instead, they kept on building thinking the city council would go along with it. Thank goodness they could not buy off the council.
They sure did leave that part out!... Thank you so much for the back story and good on you for shedding additional light onto this builders greed!...
I used to work in construction, and believe it or not, as shocking as it may sound, not all officials are corrupt. Enough of them are that it would make it seem as if all of them are corrupt, but that's not always the case. I saw my fair share of corrupt inspectors and contractors, though, I can tell you that for a fact.
Where are you getting that information?
@@slappy8941 same here. And I’m from Chicago.
@@jonnydanger7181 I lived across the street and am friends with one of the affected homeowners. I have watched this S-show from the beginning. I have never witnessed anything like it.
What a waste of material
More fill for the land fill
I don't know why they did not have someone take it down in an orderly manner so that much of that material could be reused. I have helped tear down a couple houses and most of the lumber from them was perfectly fine to be reused on another project. It is such a waste to just tear it apart with an excavator.
time is money, they can get it down quickly with an excavator
Ova Dumb Shit!!!! 18" not hurtin either side!!! Sad...n Stupid!!!
St Louis worried about wasted material? Funny.
That alone should be reason enough for a pass. Those in charge truly don't see the big picture
The contractor may want to blame the subcontractor but ultimately everything that happens on a job site is the contractors responsibility. Therefore it was his responsibility to double-check to make sure that his subcontractor did everything correctly
If I tell a client "my employee messed that up, it's not my fault so I can't do anything about it" that would be my last client......essentially thats what the general is saying. Clearly not a good contractor.
To the customer, sure, the contractor should always accept blame and delegate to the appropriate subcontractor for corrective action.
But when we're talking legal, some or all of the blame can and should absolutely reasonably fall on the relevant subcontractor in some situations.
This makes me wonder how they managed to pass the foundation inspection phase of the permitting process if the foundation was more than a foot over the setback line. A lot of things had to go wrong to get this far along in construction with multiple inspections and permits signed off on. I hope the homeowner gets a lawyer of her own, as this is going to get MESSY.
No matter what the General contractor is liable. That tiny ass lot would’ve been a piece of cake to survey could do it with just a tape measure.
I believe the inspector would only be checking the quality of the physical foundation not how it was situated on the lot.
Along with the sub contractor whose taken the blame for not re survey the property line. Which was not required till after. So many mistakes.. definitely messy. The city and other makes it sound easy breezy.
Its Kirkwood. Try getting an inspector to come out to do his job, they are all hiding because of... you know... covid. Kirkwood, MO for some reason has a great reputation but is really a craphole of tiny houses full of screaming Karens.
I’m betting that someone did know a proceeded anyway. You’ve heard the saying “ it’s easier to ask for forgiveness that permission” but not in this case.
Apply for a variance Its granted for large 6 to 8 story buildings for their footings to be within .7 Meters of a property line I know because I have dug many foundations for large buildings
I worked on a house with an aircraft hanger recently where the foundation on the hangar was wrong (too narrow) because surveyors set the pins, masons didn't question the difference in dimensions, the framers didn't question the differences, and no one knew or bother to question anything until the roof trusses were delivered. Unreal.
So what happened?
@@Cameroonian The super was friends with the building inspector. (They were both arrested together about a month ago for extreme DUI) So the inspection passed. The subdivision is on highly expansive soil. Stemwall was already cracking and has separated about a half inch before the property closed. Not sure where it stands now. But there are massive problems with other properties with conventional foundations in the area. It pays to be a drinking buddy with the town building inspector.
@@betternedthandead An Air Park like the one south of Calgary, Alberta?
Well, that whole ordeal started because the concrete guy didn't inform the builder that the survey pins were wrong. As a concrete contractor of over 40 years, I have called out many surveyor issues PRIOR to starting my work, because I never wanted the liability of screwing something up due to my own stupidity. However, in your situation, it became even more compounded when the framers just did the same thing. Unbelievable doesn't even begin to scratch the surface of that epic failure! I expect to see a lot more of this now that the construction industry continues to source their (cheap) labor from south of the border! The language is different and the standards are different. They are less likely to speak up regarding a problem, so as not to rock the boat and delay the construction process....right or wrong!
LOL
I believe the builder was at fault. His foundation was against codes already in place. It is his responsibility to follow those codes or face a violation.
Can’t blame anyone with out facts!
@@cristianmendio2461 I bet if the builder looked at the plans the city approved, the foundation size and location on paper does not match and what's on the ground.
@@UhuruFrontier Bet… how much? Construction matched ‘paper’ but without a legitimate survey, the paper wasn’t worth crap. Builder was responsible as you said but town was derelict in not requiring (‘til recently 2021-12) a legit survey as a condition of approval.
@@UhuruFrontier The plans where already approved by city, because the engineer sealed them as approved. We don’t know the rest, by logic anyone that builds knows there city set back. The only ones that commit this errors are new foundation crews. The ones that went to work for Juan for 6 months, stole his tools, than 2 guys, and called himself a professional! Lol
Follow the crack pipe.
Blaming the subcontractor is a joke
Right the builder is definitely at fault here
They have to put the blame on someone else, or people wont trust their work.
CYA is the name of the game in the world of Construction. Everybody is always trying to hang the blame for this sort of thing on someone else. And believe me, with the number of hands in the cookie jar, from start to finish on a job, there are plenty of people to point at. There were several opportunities to catch this mistake before the walls ever went up, both by the building inspectors, the footing contractors, the surveyors, and the general contractor and/or jobsite supervisor. I'm sure they'll all trying to hang the blame on each other, when in fact, they are all to blame, the way I see it.
As a licensed Builder, the foundation sub might have made the mistake, however, the Builder is ultimately responsible. The home buyer should not pay a penny. The Builder and/or sub, unfortunately, needs to pay for this mistake.
This is a great reminder that it’s your responsibility to check and confirm YOUR work is right! Inspections are at most to keep builders responsible. I agree in this instance that something could have been done before a total tear down but this does make a statement. Good luck to you builders always being pushed and pulled to finish projects faster and faster. Maybe it’s time to slow things down.
Not human like every thing is meant for a crazy reason with just more untrust building wile they tear down.
Builders can be kept responsible without government regulations.
My neighbor put in a concrete driveway right up to my fence line. Problem was my fence is 2’ set back from the property line. He didn’t want to pay me for the land, so I filed a complaint with the building department and he had to have the driveway sawed down to within his property(where I live fences/walls have to be 1’ from property line.)
I knew a guy who bought a convenience store from an old man who said he wanted to retire, but he didn't get a non competition clause in the sales contract, so the old man moved across the street and built a much bigger nicer convenience store. He then proceeded to build an apartment building right behind the first store that he had sold, because he still owned the property behind the store, but he thought he would get away with going over the property line, and was forced to by the extra property from the guy he had just screwed for an amount that was roughly equivalent to the purchase price of the store. The only other alternative given by the court would be to move the apartment building or tear it down, both of which would have cost considerably more money than simply buying a few feet of property.
Always have a margin of error.
Or not. LoL
Genuinely sorry for your misfortune. The important part is does the neighbor still speak too you?
@@mikenixon2401 Probably why they had a fence up.
For a fence? If every fence has to be a foot away from the property line then no two properties could share the same fence!
My personal property is next to a house built in a smaller than allowed space, crooked contractors have existed for a long time glad to hear someone fought back.
I remember a case where we had a builder build on the lot next door. This was found just before closing at the final survey. They builder managed to exchange the lot, get they buyer to move one door down and we transferred the inspections.
That makes absolutely zero sense.
@@dougn2350 I doubt that'd even make sense to someone who already knows what the hell they're talking about.
This is why every home needs to have its own acre
People love on top of each other
It is sick
Every home on its own acre? There’s only so much land lol
Derp derpity derp derp
Lol, preference and convenience is what people like, when they live on top of each other. I'm willing to bet, none of these properties are 1 acre, much less close. I live on 40 acres, for what most of these houses go for on a market in over crowded locations. Probably even half of what these houses go for. 2200 square feet is enough for me, I wouldn't mind 7500 square feet in my shop. But I have time to build.
@@Jay-rg5mt Actually there is a ton of land. The problem is that the government owns it.
I like it most people live in congested areas. My closest neighbor is a quarter mile away and don't want any more in my area. Lol
The setback is included
on the foundation plan..the general contractor is where it
started..There should be spikes as to where foundation must be located and throughout communication with excavator/ concrete ..Builder is at fault here.. I'm a licensed general contractor..
5 ft FROM WHERE? they didn't do a survey thus they didn't know where the line they needed to measure from was
@@integr8er66 When the lot gets sold, generally, you have a surveyor mark the boundaries. Lender requires.
@@integr8er66 Clearly a big mistake when houses are so close together. Should have been surveyed prior and clearly marked.
@@lynnbetts4332 There might not have been a lender involved. Either way the builder is supposed to mark out the where the foundation goes and someone screwed up. I wonder if they assumed the driveway was the edge of the neighbor's property but there is another foot or so to account for.
I have known that since I was a pre teenager. How a contractor made the mistake is pure negligence.
In reality, and IMO, the city changed it's rules after all the permits were issued. I would have taken the city to court. The city is the one to issue permits. and if the city failed to notice the wrong setback, then the city should have to pay for the demo of the house.
Once a permit is granted, I thought it can not be revoked unless their are changes that were not stated on the application for the building permit.
IMO A city, county and/or state building permits are legal contracts that state you said when filing for the permit is correct and the building inspector saw everything was up to code. This would be breach of contract on the city's part.
There are sometimes mistakes when building new homes, even when my parents built their new home, there were a lot of mistakes.
the driveway curb cut was way, way off by 5 ft. then there was the address to the new home that was incorrect at the time. But my parents did not know it until the Fire department told them of the correct address. After my parents lived there for almost a year.
@@crazyknarf You're very naive!
@@crazyknarf In reality, and IMO, the city changed it's rules after all the permits were issued." is a foolish statement
@@henrimatisse7481 If you sign a contract and you and the other party agree on the terms, then all of a sudden the other party wants to charge you more for that contract, You will state that the first contract will be null and void. And someone will have to draft up another contract to the likings of both parties.
Say you do roofing work and you ask for $1,000. You and the homeowner agree to the contract that you both sign.
Now the homeowner does not want to pay that much when the work is almost complete. You will either take him/her to court for breach of contract. Or try to work out a deal for the roofing job you just did.
Or if you do not have enough manpower to do the work within the time limits of said contract. Then the homeowner can state that the contract is null and void.
This is depending on which state you live in.
The Subcontractor? It's the Contractor and his field supervisor's job to ensure the proposed foundation layout is in the correct location and does not violate the required setbacks before the concrete is poured.
Around here the contractors are doing less and less. That's why many of them can have too many going at once.
What a waste of lumber. I would of rather seen them taking it down by usable sections. With prices and supply issues, this was tragic.
I build dog houses and picnic tables out of reclaimed lumber. Would have taken everything I could get out of that one.
I know right, I would have loved to get some of that scrap wood !
It's "would have", and tearing down a house is a dangerous, costly, and slow process. The contractor is probably on a very short time line by court order.
@@slappy8941
If the home was built over the setbacks as if the home was to wide for the lot, they would have to redesign it anyway so dismantling the home in usable sections would of been ideal.
@@slappy8941 But "wood have" sounds pretty fun when you're talking about lumber.
I had to have my pool house taken down and rebuilt when it was almost finished. It was such an ordeal and an extreme costly mistake.
Unbelievable!!! N almost done as well...Makes you wanna move else where and enjoy your HARD EARNED Money in peace!!!
Out in BFE stuff gets built often without any of these issues. Tax assesser doesn't even know it's built for years sometimes. Lol
35 years ago at a former home I was having a 12 X 16 storage barn built. I went to the codes building and spoke with the codes officer. He asked where my pins were for the lot to my home. I showed him. He told me to be sure my barn was 12 feet in from my side line (pin to pin) and 10 feet in from the back line (pin to pin). I measured in 14 feet from the side line (between me and neighbor on my right and 12 feet in from my back neighbor (that was a school about 300 feet away from the back property line. Barn is still there to this day as far as I know. Only takes about an hour and a half to get the rules and get a permit. If I can know to do that 35 years ago certainly folks in the contracting business today know that too. Something shady was going on here.
This is why building a house in a crowded city just plain sucks! (I originally come from the "country", where land is plentiful and houses can be basically built however you want, and to whatever size and shape you want, as long as it's 100% safe and at least up to basic fire codes and such.) (I now live in a "city" myself, (large town), but on the outskirts of it, so it's not so crowded.)
The fact that they tore that entire new house down because of an 18" error in size on one side is just disgusting, and is a gross WASTE of resources, not just the building materials themselves, (which are already in short supply and expensive due to the pandemic), but also this was a major waste of everyone's time, energy, and money, both to build it "wrong" AND then to tear it all down again! This kind of overall waste just makes me sick even thinking about it!
Builders shouldn’t make these mistakes if they abide by the proper city codes and survey guidelines..Stop trying to cut cost and get the proper surveys done within the city codes… costly mistake here
Some building inspector had to sign off on it somewhere along the way duh
I think it was intentional. He had plans for a ce size house and he intentionally built that house
There was NO survey required. That is where the who mess started.
Having had a house fire and there was 12 feet apart from our neighbors, our fire still burned the neighbors house.
So that space is absolutely necessary. I don’t blame the city for not waving it.
Look what happened to the city of Paradise, California a few years back. Everything was burned. Fire is no respecter of boundaries.
Attention to detail! My builder had put in the forms for the footers based on the topographical survey which was based on the house plan which had a different basement than what was in my contract. The house plan had a smaller basement with the structure having a 2 foot overhang across the front and back sides. I caught it before they poured the concrete and had them correct it. I would have lost 250 sq. ft. of basement area and had unattractive and useless overhangs. The builder simply handed over blueprints to contractors and wasn't paying attention. Just the first of many possible goof-ups that I encountered. I'm not a builder but I felt like I was running the show many times. Even my wife had to correct the plumber and carpenters several times because they were doing things wrong. The lesson is to not necessarily go with the low bid and the line of BS. He took me to a house that he built and the people talked him up real good - I found out later that it was his sister's house.
Why couldn't the niebor sell the 1.5 feet of thier property to the other owner . ?
degenerate town
Once knew a shady guy who did something like this on purpose. He thought he'd get away with it. He didn't. His building could stay if he bought a 4 foot wide by 100 ft long piece of property from it's owner to meet set back code. Thing was it couldn't be subdivided for sale. He had to purchase the entire lot from the owner at whatever price the owner wanted. Too bad, the shady guy knew beforehand he couldn't place the building there. He had requested, on film, a variance, was denied and did it anyway. Love it when the bad guy loses.
Cool story 🙄
How does that even make sense though? The owner can't sell a portion of their own land? Stupid as hell.
So I can build too close to my neighbors and I can just buy their house off them?
@@goober239 Either that or you'll be tearing yours down. Don't be surprised if the neighbor wants more than market value.
As a surveyor, I was asked to verify a setback for a newly constructed residence. The setback is 5 ft., and the foundation was built 3" from the property line. I believe the owner/builder did this purposely, but claims their surveyor staked 5' offsets. County has no requirement for certification of setback prior to pour. Neighbor is challenging it. Real shit show.
Maybe people should let people do what they want on THEIR property. Communist cities are sooo nasty and grosss
I agree.
@@gopplergoppler8827 5 foot setbacks from the property line are common nationwide and have been for a century.
They provide room to fight fires and protect the neighbor property.
Nothing communist about these zoning codes.
@@gopplergoppler8827 until someone builds 3" from your property line and is looking at you taking a morning dump.
@@gopplergoppler8827 you say that until your neighbor does something that hurts your property value, and you really should go back and study what communism actually entails
WHY DESTROY IT ???? Fine the guilty party and stop this cycle of Nonsense. And I must ask what's wrong with
DISASSEMBLING ? Salvage what you can with the crazy prices of construction materials foisted on us today.
This is St Louis. We tear down everything.
@@hihosilencemeviolateme949 Yep. Politicians, bureaucrats and other criminals have ruined many of the cities and towns I once knew.
Deconstruction is not known by everyone.
The developer calculated tear down as cheaper than de-construction. I assume the liability of re-using studs factored significantly into the decision.
@@julesjames593 Understandable 👍🏿
Seems the neighbor could sell 2 feet of property.
The neighbor probably only had a minimum setback themselves.
About 10 years ago my next door neighbor fenced in her back yard. At the time there was a large tree setting directly on the property line. Rather than set her fence a few inches inside of the lot line and boxing around the tree, she set the entire fence about 2 feet inside her property. We get along with each other and I would not mind if she moved the fence over now since the tree is gone. I do wonder what will happen years from now when our two properties have new owners. Trying to move the fence with new people involved will more than likely cause an argument.
Absolutely!
Hiccup, follow the rules, it's the builders responsibility to get survey and boundary established first. No excuse. Irregardless of subcontractors.
I worked for an engineering firm and we designed subdivisions among other things. In one of the subdivisions I designed, the front setback was 25'. We designed the houses so they would have a 25.5' setback in case they made a small mistake. Usually after they put the foundations, surveyors come out and do a "wall check" before moving on with the rest of the house. For some reason they poured the foundations for two sticks of townhomes (I think it was 12 homes) and went ahead and did the framing and sheathing. The surveyor came out to verify and the homes were built a foot into the setback (24' from the property line). The county made them tear the homes down and redo them.
When I first found out about the issue my heart sank because I thought I might have designed them wrong. After 3 hours of fractionally checking everything over several times, I was relieved to learn that my design was correct and the mistake was somewhere else in the process. I then told my coworkers and boss and then we all had a good laugh about the mistake.
Glad to hear your heart kept beating long enough to be able to figure out it wasn't your fault!! I have anxiety just thinking about what you must have gone through!
Man. I don't think I would be able to recover from that even if I was convinced that it wasn't my fault..... I can't believe this happens I mean I can but I am in disbelief. What a waste.
Yes, you and your boss would have had a much bigger laugh than the concrete guys! 😂😂🤣🤣
I did two wall checks today. Several of our clients build very tight to the front and sides. We stake out the foundations and the brick points so the Wall checks are always at least a tiny bit nerv racking. I've had several within .03' of the EBL
I’m sure it was a huge relief that you and your company weren’t liable for the huge mistake, but why did you laugh about it? Materials, time, and money was wasted, and someone who made an honest mistake, could be out of a job, or jeopardize livelihoods.
Doesn't matter who the mistake is on which sub contractor?The bottom line is the contractor is responsible!!! He should have been on the jobsite when they pulled the strings for the forms.
The neighbors seem like reasonable, good people. The only problem is if the city makes an exception for one developer, the city kind of has to make exceptions for everyone.
One of the reasons for a setback is a fire break. We recently had a house explode (mental health issue) but one house suffered critical damage and the other the entire side that was exposed had its siding damaged, bent, melted and last damaged. They had a five-foot separation on one side and a five-foot separation on the other where the second house is now condemned due to being blown off its foundation.
As a pilot, I am always amused when flying over a subdivision, and seeing how nice and consistent the homes are laid out, then.... there is sometimes one, clearly and obviously visible from the air but not so much from the ground up close. A 100 year old historic home in Great Falls MT was like that, askew on it's lot from all the others, I sent an aerial pic showing that to the foundation that gave tours of it, they said NO ONE had ever noticed or commented on that before as it was not enough to notice from the ground, but someone screwed up!
You have the correct perspective to see what is not easily noticed on the ground. Years ago long after I purchased the place where I now live, the neighbor needed to get his house resurveyed since he was refinancing due to much lower interest rates. I noticed the survey flags but he didn't say anything to me about it. A little bit later, I refinanced my house since I could get an interest rate of around 6% instead of the 10% I was paying. This time I paid very close attention to the placement of the survey flags.
It turned out the survey was NOT where the fence was located nor was it next to the irrigation ditch. The survey showed the property line was 15 feet to the south of the fence. This resulted in my neighbor "losing" the part of driveway which was actually on my property. He was very upset about it but refused to pay his share of the new fence. Since a new chain link cost more than I had, I just put up a T-post and welded wire fence. It has been at least 25 years since then and the next door house has been sold twice. I suspect it will sell again soon since the wife no longer lives there and the kids are grown.
Those hundred year old houses were junk. Flimsy materials used back then.
Aren't you special.
@@EmilyTienne dumbass
@@acmhfmggru Drones are great for foundation inspections too. Fissures and cracks are no match.
Accountability and following the rules seems to be going out of style. Good to hear a story of holding someone accountable...
Why would anyone follow rules when our own government doesn't, and breaks laws on a daily basis, and no one is held accountable
@@RJ1999x How could they do that with all the 'independent journalists' on the job? Maybe those so called journalists need to spend less time inciting the rabble via misinformation and selling bracelets and more time exposing the truth about the government. If the government is obviously breaking the law, why not start a class action suit against them? That's what happens when laws are actually being broken.
@@owenparker6651 and file the class action lawsuits where?
The justice system is as corrupt as the rest of the government.
Where was the supreme court when the elections were stolen?
@@RJ1999x Ahh, you're one of those nutters... nuff said...
@@owenparker6651 so you just said you're a patsy wearing a red coat. Bow to your kings and queens peasant
Get the survey first, do not assume anything when it comes to property lines and set backs.
GC’S fault. Don’t blame sub-contractor. Own it. BTW, why did city inspectors ok the foundation to begin with???
This is the question that needs answering….immediately. City should pay the entire teardown and rebuild costs.
Even if a subcontractor screwed up the developer is still responsible for this.He needs to grow up and own this.
The law took effect in Dec 2021. The building should have been grandfathered.
Own what
This is BS. Wrong on all levels. Get TF over it. Codes created by Karens
most folks hate contractors more than government tyrants,see what happens if someone try’s taking my house
My dad had three acres of land and his neighbor had about the same. After having a survey done we discovered his circle driveway crossed over the corner of our property by about 5-6 feet. We offered to sell him the land if he took care of all the legal work. He agreed, but never did anything. A couple years later, we built a fence across his driveway. He doesn't have a circle driveway anymore.
Fair enough. You had full legal right to do so, and probably more.
You had the legal right to that but why did you? Why a fence ?
@@lisab9541 Because he was already encroaching on our property even though he had plenty of land himself. We offered him an even swap of land if he would do the administration. He agreed, but he never did it after several years. We built the fence so that he could not make the argument that we never objected and he could just take the land after some period of use because he had created his own easement. There is a case of a squatter in a home where the owner died. The squatter eventually took full ownership from the rightful heirs of the house because no one objected for years.
While it does sound unneighborly, you had no choice legally.
@@FranktheDachshund yes, we didn't want to have an easement that was established if we never did anything about it for resale proposes. I forgot, we also gave him the option to trade land if he took care of all the legal paperwork and he didn't do that either. Plus it wasn't a paved driveway he had. It was just a mulched circle drive that encroached so then he just had a straight in driveway. We figure it just wasn't that important to him.
When i put in a foundation for our home the inspector measured it to assure it was legal and that is there job. Get that inspector in court.
I closed real estate for many years. Back in probably 96 a lady had a property where she knew her plans were over by 8 inches I think. She had money. Big house. She also had a neighbor who saw the flags go down when the framing for the foundation was laid. She called me. I told her not to do it. I refused to close any of the title insurance. Almost be willing to Guarantee you, almost, the owner themselves knew and had the contactor do it anyway. In my case, I know she had trouble selling later, but it could easily have had this happen. This was 1.6 inches. The owner just couldn't manage the adjustment and it cost them. Which basically equates to losing a total of maybe 105 square feet on a 4800 Sq.ft house. Unless about 15 people are willing to lie, no insurance company will pay that claim.
This house was 1.6 FEET over the setback, not 1.6 inches!
@@barbrn and?
@@stanleyhape8427 I was correcting your statement.
@@barbrn I meant 1.6 feet. Thanks for the correction.
1.5 feet over setback. 🤔 Generally that small amount would be let go by varience. Something tells me this is not the first time the builder has pushed that boundary.
No it is like Florida where you are required a curb set back and an above the crown of the road requirements plus the side line setback and the side line is from the home overhang not the foundation.
Small amount? 5 ft setback and its 1.5 ft off? LOL. Maybe 1.5 inches is OK. Any chance your're on crack?
Wasn't his fault. Didn't you hear the story? The sub contractor is at fault
@@jamikal5 😆🤣😂😹😆🤣😂😹😆🤣😂😹😆🤣😂😹😆🤣😂😹😆🤣 the law says otherwise
Tear it down! If you don’t follow code you gotta rip it out or get fined everyday until you do! I would have cried if I was the builder.
If building permits were issued then the city is at fault.
Only if the permit application showed it being over the setback line. Considering the builder is blaming the subcontractor, if you watch the whole vid, I think you are incorrect.
Nope it's 100% on the city. Don't matter if the sky was purple or frogs were raining down.
they had to have the foundation inspection passed, it should have been caught then.
I recently looked into installing solar at my house. The installer said it would take about two weeks for installation but the permitting/inspection process would take at least 2-3 months but realistically mid to late July. I realized that the government/zoning officials are little more than a public funded HOA. Safety is one thing, but this is ridiculous.
Yep. City can't hire more employees to make permitting move faster as there's no money in the budget. Govt budgets eat tax revenue and govt fees. They never (or rarely) generate revenue outside of service fees paid by taxpayers. Then there's the taxpayers who think taxes and fees are too high. California is a great example of how bad things are. Voters have killed/rolled back taxes a number of times. They're paying for it now as they got taxes out the ying yang for that foolishness. Then, as a govt employee, we have to follow the law or get fired. No wiggle room there. Taxes are the cost and price of civilization.
ZERO sympathy for realtors and builders who screw up. Builder/ Developer did NOT need to keep building hoping for a board to let it slide.
That's because nobody's doing their job properly. So the city inspector that that area pays how much money a year couldn't get out of his vehicle and measure the spray paint marks before they started digging the hole
Wow, that is jaw dropping. I would not want that developer doing any work for me. They need to investigate what else they have done wrong. I'd be pissed if that was my home.
Being a building inspector I can say with full authority that this is the builders fault. Taking that into account. I personally verify the setback on all foundation work in a situation like this one (residential home in an existing neighborhood). But that's a courtesy I impart on the builder to help them avoid this very issue. Regardless of how I inspect work, this falls 100% on the superintendent of the project and I would have fired him as soon as the problem was discovered.
For anyone not knowledgeable in this field. The setback of a property is established fora number of reasons. The most important being fire prevention. If you neighbors house catches on fire your going to want those details to be solid. A 5ft set back guarantees at the least a 10ft fire break between structures.
BUT three foot setbacks were allowed not many years ago, and zero inch setbacks are possible with approved materials and wall assemblies. This anecdote is unfortunate for the builder as well as the community eating ever increasing costs of construction.
@@timgerk3262 What was allowed, and what is allowed are two entirely different things. Residential setback in my area is 6ft. 0ft setback is allowed with an approved assembly only. All that really matters is the approved clearance in your district. And building codes don't have as much to do with the inflated building costs as your making them out to.
Fire is no respecter of setbacks.
@@jbsimmons54 I agree. That is why minimum standards are established.
Well. That was a mistake that was very costly.
No survey plan on the architectural drawing set??
If anyone here has any confusion as to why people hate city building departments, this would be a wonderful example. What an asinine decision to require the building be torn down for a ~1 foot screw up. I don't care who's at fault for the screw up, the city made this way more difficult than it needed to be.
The "Code " inspector on his white horse. Now you know why outlaws are held in high regard because they buck the establishment.
It was 1’6” btw.
@James A Williams Way to totally miss the point.
@@Mike-In-O-Town Didn’t miss the point at all. The rules are there for a reason. The building code is literally written in blood.
…there’s no way this wasn’t discovered until the house was this far along the contractor was likely telling the owner “It’s easier to get forgiveness than permission”. After 40plus years working for design and construction firms I’ve heard this a lot, and it’s never true. The homeowner got screwed.
Oops, but I kind of think someone involved here knew this was an issue but hoped it would slip by.
Watched my neighbor get forced to do this 2 times over 5 years. He simply has never built a house nor does he know how 🤣 but sadly my neighbor keeps tearing it down 'carefully' and reusing the wood. Poor guy
its sad that the building department can't be held responsible for this it should have been caught before this had to happen , the general contractor should have known this as well that's what you get when the contractor is not on the job all the time and leave it to someone that should not be in that position . I was a lead carpenter on a few job and my job was to make sure that our subs did things right its the contractor fault . I worked on a school once and found a two inch disciplinary from the hubs and caught it before they poured it it would have made the gym out of square it doesn't sound like much but its better to try and make things perfect because they never are !
Wow that was a close one. Imagine the danger we all would have faced, had this home been completed, one foot closer to the neighbor’s property line! Thank god government is there to protect us all from such very very dangerous situations. After all, only about $300,00 in man-hours, materials and time were wasted. (Sarcasm)
When you get in a city, like this. There are permit inspections constantly. That's what the contractor will fall back on, but ultimately the contractor insurance company will pay out a settlement. Just like they always do. Cheaper to pay a settlement than go to court
Unfortunately, that reasoning was just used to make a successful end run around Americas Second Amendment. Now everyone needs to start worrying about the banks and insurance companies being weaponized to pressure and persecute political enemies. Trudeau is doing it openly right now.
Truth: They knew all along it was in violation, but thought the City would grant them an exception if it was already built when discovered. Too bad. 😢
Yep. Gambled and lost.
Maybe they did know, or maybe they didn't know, I don't know, but I know one thing: If the city had let them slide, there would be a whole bunch other developers suddenly making that same "mistake"
You mean wild guess.
That’s not a house that’s a fucking shack🤣
A hicup? Someone should be fired over this. This is going to cost 10s of 1,000 of dollars.
It seems like knowing where your property lines are is the very first step to building a house. You would think a 30 year builder would know this. You would think every excavator, foundation contractor and project manager would know where the property line is, exactly, have it marked and each take their OWN measurement for the set back so as to not get blamed for what is now a $50,000 mistake. The zoning board could have worked with them but, 5 feet is pretty lenient set back. Mine is 15 feet each side.
Some contractors are blind. I can't figure out if they really don't notice when things are out of place or just don't want to see. Its maddening to walk right into a place they worked on that day and notice misplacement right away. Like how hard is it to make all of the outlets the same height??? Tape measure, anyone? And I'm the bad guy for making them patch drywall to move them. Its the opposite extreme but same root cause as this video. There is also a rule that contractors never turn off the lights or latch the doors behind them...
The developer most likely did this intentionally thinking that the City would not enforce the code after the building was already constructed. Shady developers do this all the time and get away with it.
Developers need to keep doing it so the absurdity of the law gets exposed like this. If the neighbor is not complaining, who is the regulation protecting? God? The regulation is useless. If someone builds a house too close to yours, then complain to them directly or move. The City should mind its own business.
@@firstlast9916 wrong. The city was right to make an example of this developer as OP stated, they all think they can do whatever the hell they want!
@@ormand3000 yes. It’s their property. The city doesn’t own the city. If I buy land, it’s mine. It’s not “ours”. Voters can’t just decide the “also own” your land. It’s a violation of their property rights. Just because you are a government goon doesn’t mean you get to violate property rights.
@@firstlast9916 If they allow exceptions for one person that violated the setback ordinance, then they can get sued by someone who was denied a variance. It's common sense really. Setbacks are there for a reason. one reason are there are usually utility easements on property lines for water, sewer, gas, electrical and cable. If you allow construction into those easements, then there is risk of damage to the building when utility service needs to be made.
Most municipalities require a survey or a drawing at the very least that shows compliance with the ordinance. They also sign the permit agreeing that they are abiding by the setbacks. If there's a change during construction, they would need to apply for a variance. This builder just figured he could do it his way instead of fixing his crews mistake instead of following the rules like everyone else.
Why would a builder purposefully build over utilities that are supplied to him? That makes no sense. The city needs to be sued by millions of people for abuse of power that serves no purpose. Nobody wants to build on utilities that are supplied to their own home. If there owner builds on those utilities, then they are only hurting themselves. The only reason cities exist is to drum up fake fear about stuff that naturally takes care of itself and to collect permit fees for stamping papers that they have no right to demand from anybody. The city is an illegal organization that violates constitutional rights all day.
Another great example of government tyranny. If it was any one of those board member’s homes, they would have let the minor issue slide and continued the project. Instead, they set one of their citizens months back in their knew home project and possibly ruin several local businesses. All over ONE FOOT!!!! 🤦♀️
This report failed to show the effect the 18 inches had on the properties on either side of the house.Both yards on either side collapsed into the hole. The real victim here isn’t the builder.
@@ss2750 because the foundation had to be redone. Had it been allowed to stand, there wouldn’t have been an issue.
@@Joefest99 The property collapsed prior to the foundation being poured.
@@ss2750 The home owners on either side stated they had no problem with the construction, so I’m not sure what you’re talking about, but I live in this area, so I’ll stop by there myself. I’m also in construction, but have nothing to do with this project.
If you live in the neighborhood please do walk by and you will notice the collapsed driveway on one side and the collapsed backyard fence on the other. There could be a reason the neighbors were not putting up a fight against the tear down. Since you live in the neighborhood you must be aware this project has been ongoing for over a year, with multiple delays (is it normal to dig a hole then leave it untouched for several months ). I’m sure those neighbors are tired and ready to get rid of this ongoing headache. I’m this instance, I am glad the Kirkwood City Council looked out for the innocent property owners.
Well the fact they tore it down without saving the wood is really upsetting
It's a lot more work to disassemble a structure than to demolish it, they're already going to have to eat the cost as-is, and the actual customer wants their house sooner rather than later. You can tear down a house in a day, disassembling takes a lot longer.
@@adamb89 Well they should at least recycle the wood for other buildings that would help save on wood costs of course if the wood is bad say in a old building of course don't use it but in this case you could justify that reusing the wood for another building wouldn't be a bad idea I think you missed by point by focusing to much on the time aspect of things rather than the overall idea of the message
@@mechax1 How exactly do you expect that to happen lol? "Yeah hey so the house we nearly finished, we gotta scrap it and start over. We could demolish it, but instead we're gonna take 2 months to dismantle it the same way we put it together, so we can save a few bucks. Hope you don't mind."
@@adamb89 2 months? Found the government worker in the comments.
It cost more in labour to save the wood than to demolish the house and dump it in the landfill!!
“Vast volumes of history say
Man makes mistakes most everyday.
That half a pound of fresh ground round
Is still a burger when it goes downtown”
-John Prine
Builders: "1 foot? It's fine they probably won't notice"
The city: "absolutely not, unacceptable"
I wish it would have been her house I bet it would have changed her attitude
THE builder notified the city of the overage.
I.6 feet not 1 foot. The report minimised the error to make it seem trivial. The planning department/city inspectors or whatever are 100% correct. Somebody chanced their arm here and got caught out.
So fine the builder. At a time when there is a shortage of materials a shortage of homes, this is the only solution Kirkwood could come up with. This is why government is so hated!
That would have been the logical thing to do. Neighbors weren't bothered by the mistakes. No health or safety issues.
Well stated
Obviously the city officials were on crack
there is a movie from the 30s. A large large hotel wanted a backwards family like the Beverly hillbillies Clampett‘s to sell them their property. The old timers did not want to leave. So the hotel owners set every government agency on them for everything they could think of that wasn’t in fraction on the zoning laws. Cost them a lot of grief… Just when everything seemed to be over. A survey was done of the property by the hotel owners. It turned out that the hotel was built on the old timers lot by 1 foot.
Babies!.. They F'd up. Tear it down, start over. Next time pay attention.
Builder took money to improperly build. City took money for permits/INSPECTIONS but yet neither will take responsibility.
@@es-qf2gw The "inspector" couldn't see the problem from their car !
The builder gambled and lost, they probably got away with it before. It was that simple. I would love to see a follow up investigation on how many times had they filled for exceptions in the last five years.
You didn't change the foundation when you found out the problem? This is hard headed builder. Ohhhh, I'll get my way.
A 11/2’ ft. in a 5’ setback is easy to see. This mistake should have been identified prior to proceeding with any additional work. The subcontractor, most likely the foundation crew should be held responsible for the cost of replacing their own defective work but beyond that the contract is responsible. Too bad however, considering both neighbors were willing to sign off on a variance. The council members at the city most have felt the need to make a point.
Not really; if and when the owner wants to sell his/her home, the title co. will find out and they won't be able to sell it!
@@bobboscarato1313 That’s not true. If they receive a formal variance from the city there will not be an issue going forward.
Ok, seriously though, what on earth did this solve over a 1.6 over the line, your control over this situation could have been to be appeasing and since they were that far in the build and it got caught late, after a new law took place just recently, a hefty fine should have been an appeasing option, especially since neighbors were not in conflict with it. Do you know how much money and time was wasted!!!! And now more stuff added to landfills!!!! What a waste of wood, which mind you isn't cheap right now!!! Not to mention all other materials used to get that far in the build. And you destroyed something that really isn't life threatening??!!! Good God get the hell over yourselves. Since neither builder and the sub-contractor, will take responsibility, a hefty ass fine would have made the city money and kept the project moving forward, of course not the homeowner because they put their money and trust in those who are doing the build. But fine them and let it go, for a 1.6 foot, seriously pathetic. Before this "law" in December of 21, and doing the survey after footings, etc, how many were out of line and are now existing builds on the tax books. It's not life or death, seriously folks. What a waste....
“Exactly what you said” And couldn’t have dissembled Instead of destroy ! My replace boards on hold and other home improvements over cost materials!! People are just ate up! Apparently they have money trees Please propagate and send me one!
Thank goodness the municipality held their ground. The set back is 5 feet. They were more than 30% over the requirement. The neighbors might have agreed but they don't live forever. Then the new owners are always wondering how in the heck is this big ole house only 3 1/2 feet away when it should have been 5.
I was on a code review board for 10 years. Builders know the setbacks for property lines and they try to build over line all the time. They build fast and ask for a variance when the house is 50% or more complete. The city did the right thing in making them demolish and start over.
Government has become nothing but a hindrance..