Problem with deck not built to plan, legal options?

[TeamTruett]

The deck is built next to the garage so I think I can ask this question here

My 3 season deck was built by the previous owner's contractor. In reviewing the plans on file with the town, the deck was not built according to plans. (ex:number of supporting columns is less then what are on the plans, stairs should have concrete landing but are sitting on the ground.) These shortcuts are a safety concern. Do I have any recourse with the contractor? The contractor is from CT, I live in NY. Probably not worth the time, effort, and money but thought I'd ask.

 

[Steevo]

Did the inspector sign off on the as-built work?

 

[PAToyota]

Could be difficult to prove that the original owner did not sign off on the changes without getting them involved and establishing a paper trail.

 

[bczygan]

No.

What you DO have, is complete freedom to revise it in any way you like (Within code), to satisfy your concerns and desires.

Go for it!

 

[TeamTruett]

Thanks for the replies, I have the inspection report as well, no red flags on it. Maybe BCZYGAN is right that the changes from the plans are within the code.

 

[DekeT]

Maybe the previous owner made a deal with the contractor? Maybe the owner built it himself using plans submitted on bid from said contractor and did his own shortcuts.

 

[deter]

NO. you (most likely) bought the house AS-IS

 

[antinym]

NO. you (most likely) bought the house AS-IS

I believe that your recourse is solely with whom you have a contact, and that's the previous owner. And, you probably already signed that contract as completed. And I'm sure there was inspections available to you during that contract. So, no, you have no recourse.

But, I'm not a lawyer, I'm just a guy looking for pictures of cool garages on the internet. I can't speak for the others here.

 

[nolimits76]

I'll ask the obvious stupid question....have you already bought the house, or are you in the process of buying the house? If the latter, you are within your rights to perform all inspections needed to deem the house acceptable to you. And that would include review of the deck plans. If they aren't to your satisfaction, you can cause a stink about it and make the seller correct.

Unfortunately if you have already taken possession I don't think there is much you can do. I would check the local codes to see if the plans were "over-drawn" or the deck was under-built. The good news is the items seem relative easy to fix. If they are out of code, it might be worth a call to the PO or contractor to find out what happened. Heck, the contractor may even be willing to fix the items for you if he has a crew in the nearby area. It never hurts to ask before getting all crazy legally.

 

[TeamTruett]

Maybe the previous owner made a deal with the contractor? Maybe the owner built it himself using plans submitted on bid from said contractor and did his own shortcuts.

There is a contractor listed with the town as having built it.

 

[SMKS]

I don't think you'd have any recourse with the contractor. You weren't part of the agreement when it was built and he didn't build it for you.

 

[TeamTruett]

I'll ask the obvious stupid question....have you already bought the house, or are you in the process of buying the house? If the latter, you are within your rights to perform all inspections needed to deem the house acceptable to you. And that would include review of the deck plans. If they aren't to your satisfaction, you can cause a stink about it and make the seller correct.

Unfortunately if you have already taken possession I don't think there is much you can do. I would check the local codes to see if the plans were "over-drawn" or the deck was under-built. The good news is the items seem relative easy to fix. If they are out of code, it might be worth a call to the PO or contractor to find out what happened. Heck, the contractor may even be willing to fix the items for you if he has a crew in the nearby area. It never hurts to ask before getting all crazy legally.

ALready bought it and all settled in. These are the things I have noticed and think are red flags. The underside area access was covered with lattice so the home inspector did not see the the 4x4 supports which are half the number listed in the plans (I have the plan in PDF form if anyone is really interested)

 

[buddyboy]

what's on file and what gets built are 2 different things.

my house called for a concrete patio, it ended up being a deck.

plans said masonry fireplaces... ended up being inserts... that changed the foundation and floor beams.

just because it's on paper doesn't make it true.

 

[Lugnut30]

My answer wil mean nothing since I am in MN and not NY. But here is how your situation would be viewed here.
In regards to your exterior stairway, the 3x3 landing requirement per code is met by "mother earth" acting as your landing. No issue there (of course I mean locally to me, not you).
In regards to your porch supports, at time of submittal for permit, the plan reviewer would of had to flag the plans if they did not meet requirements. He would not be required to mark the plan if the design exceeded requirements. Any changes in construction would have had to have been OK'd by acceptance of the inspector at final inspection. Assuming your porch passed final inspection, the ASSUMPTION is that the inspector saw the change and was OK with it. The danger is that it was not noticed, and the supports actually are inadequate even though a final inspection was passed.
If you feel you have an issue, find one or two local contractors/deck specialists that would be willing to take a look at it and get their opinions and react from there.

 

[PAToyota]

what's on file and what gets built are 2 different things.

There should be change orders or an as-built plan on file. You can't just change things as you go along without documentation.

 

[buddyboy]

There should be change orders or an as-built plan on file. You can't just change things as you go along without documentation.

yes we had to submit stamped drawings for the changes, are they on file???

maybe, who knows what they have on file, I doubt they even have my house plans. they probably only have whatever info the tax man needs along with a record of all permits pulled.

hopefully no criminals have access to those plans they'll be able to find all my secret rooms and vaults.

 

[Old Moparz]

The deck is built next to the garage so I think I can ask this question here

My 3 season deck was built by the previous owner's contractor. In reviewing the plans on file with the town, the deck was not built according to plans. (ex:number of supporting columns is less then what are on the plans, stairs should have concrete landing but are sitting on the ground.) These shortcuts are a safety concern. Do I have any recourse with the contractor? The contractor is from CT, I live in NY. Probably not worth the time, effort, and money but thought I'd ask.

You probably aren't too far from me, I'm in the Town of Newburgh, NY. I have had a bunch of **** work to fix on my house since I've been here, could be the same guy who had a hammer but called himself "a contractor" (John Ruffalo & his band of homeless crackheads.)

Not only did I have to fix idiotic things I've discovered to bring up to code, but anything that I've remodeled was like opening a fake can of nuts with snakes popping out. It looks okay & adequate until you dig into the actual construction.

The deck had 4x4 posts sitting in the dirt, no footings.
Deck joists were two, 2x8's doubled up, 6 feet on center. (yes, 6 feet)
Shiplap cedar siding in some areas installed upside down.

I did have a concrete slab at the bottom of the stairs on the deck, but it sank.

I laugh now, it's all I can do to keep from hunting down the builder to see if he is just a blind torso with no arms & legs.

 

[TeamTruett]

Thanks for all the replies, looks like I'll just havta' grin and bear and swear like a truck driver as I fix it. Hope someones ears ring real loud.