The Brohn Group, LTD ADAM BOENIG Construction Defects Austin, Texas

Recently I inspected a home with a great deal on construction defects.  Below is the 3rd party report.  

HVAC -The current setup of the HVAC system does not deliver adequate airflow to the home.  Both condensers keep running because they are unable to reach the set temperature resulting in very high utility bills and eventually a shortened life on the HVAC equipment. 

Master Bedroom Vanity Light Switch - The switch at the vanity which is supposed to control the vanity light controls the Jacuzzi.  The electrical plan provided to the homeowner at closing indicates the switch for the Jacuzzi should be located on the opposite wall.

Insulation Settling/Compressed/Missing Insulation - The insulation in the attic has become compressed and is no longer performing properly. There are areas in the home where there is no insulation.

Driveway Approach/Driveway Cracking/Driveway Warranty Breach - The pitch on the driveway is too high and scratches the undercarriage of small vehicles. A 10 x 10 section of the driveway that was patched by Wolff Concrete in August 2009 has cracked a second time.

Sewer Gas Odor from Master Bedroom Shower - The drain is not properly installed and several plumbing penetrations need to be sealed. 

Ceiling Rattling - The upstairs ceiling rattles because the plywood board under the furnace is not thick enough. 

Grout in Elevator Cab - The grout in the elevator cab is chunking away. 

Paint Sheen - The paint sheen on the walls where the thermostat was removed and where the elevator was installed does not match the entire wall.

Garage Door Wire Exposed - Electrical wires are exposed and wire caps were not used on the electrical wiring of the garage door posing an electrical hazard to the homeowner and his family.

Sheetrock Buckling at Staircase - The sheetrock is buckling at the staircase.

Stone Columns - Mortar is chunking apart and the stone columns are shaking.

Master Bedroom Carpet - The carpet in the master bedroom near the fireplace is loose and needs to be re-secured.

Sprinkler System - The sprinkler system does not cover the entire yard and also sprays into the neighbors lot.  In addition, the sprinkler system was not wired properly.  The sprinkler system electronic wires that control the valves were not placed in a conduit.

Wall Texture - The wall texture on the back wall in the study/exercise room does not match the rest of the room.  The wall has a light orange peel texture while the rest of the room has a hand trowel finish.

Roof---Mortar and concrete on Roof.  Damaged shingles need to be replaced. 

Cabinet Drawer in Utility Room - The cabinet drawer for the desk in the utility room is warped.

Cabinet Drawer in Kitchen - The cabinet drawer in the kitchen is very hard to open and has splintered in several places.

Exterior Wood Trim and Soffits - The stain used to stain the exterior beams, wood trim, soffits and garage door trim were an interior grade stain and not an exterior grade stain.  The stain has deteriorated significantly and is damaging the wood.

Travertine Tiles - The tiles in the kitchen that were replaced by High Tech Flooring in April of 2009 have now cracked again.  

Tile Threshold at Elevator The travertine tile threshold that was installed in April of 2009 has started to break apart. 

Elevator Door The elevator door is hard to open because the child security device wont release the door.  The thickness of the door needs to be increased to properly release the door.  The present doors were designed to serve as closet doors and are not rated to serve as doors for an elevator.  

Loose Subfloor Boards There are loose subfloor boards in the Master Bedroom, Game Room, Bedroom 4, Media Room and Study.  The bathroom tiles near the Game Room also have a crunching sound when walking on the tiles.

Courtyard Drainage The courtyard was formed with two retaining walls and does not have proper drainage during heavy rains.  The PVC pipes in the retaining wall are not large enough and water ponds.  

Water Penetration Issue between Game Room Patio and Entry Tower There is an approximate five inch gap between the stucco wall of the game room patio and the entry tower and it is causing water penetration in the front entry.  This area has no drainage and was designed to be a covered patio. 

Baseboards in Garage There are gaps between the concrete and the baseboard, which allow pests, debris, and heat gain into the home

Wood Floor Creaking The floor creaks when walking on it.  The subfloor under the planks needs to be secured.  

Stucco Stress Crack at Entry Tower There is a 1/8 stucco crack at the entry tower.  This is potentially due to the excess water penetration from the five-inch gap between the entry tower and the game room patio.

Stucco Surface Texture Imperfections Previous stucco repair at the rear of the home does not match the rest of the wall. 

Utility Pole Code Compliance Issue The Brohn Group, LTDdid not install the utility pole to code.  The code states that all structures/pools must maintain a 10 clearance from all energized power lines.  Currently the pool is 7 away from the pole.   Architectural Plan provided to homeowner shows that underground service is required and a conversion would need to be done to meet City of Austin code.  

Misrepresentation of Insulation Standards in the Home Builder Misrepresented insulation standards

-                           There is little to no insulation in the elevator shaft. 

               There are gaps in the elevator shaft allowing heat from the attic to penetrate.

               There is a tremendous amount of heat gain from the attic to the shaft. 

               There is no insulation in several walls in the Master Bedroom. 

               There is no insulation under the stairs leading to the Master Bedroom.

               There is heat gain from the hydrotherapy (Jacuzzi) tub access panel.

               There is little to no insulation in the Media Room ceiling.

               There is no insulation in the closet in the study/exercise room.

               The insulation is missing in several places in the Master Bedroom ceiling.

               The Game Room lacks enough insulation and is missing insulation in several areas in the ceiling.

               There is excessive heat gain from both attic entry points.

               There is excessive heat gain from the windows.

3RD PARTY TESTING AND ANALYSIS

All testing protocols were performed to accepted industry based standards.  The home was tested to determine the following:

• The
  
  nature and extent of the zones covered by each unit and by the dual zones
  
  of the upstairs unit
• Total
  
  External Static Pressure of each unit in all possible configurations of
  
  the zone dampers
• Airflow
  
  measurements at the return grilles and supply grilles using an AccuBalance
  
  digital airflow capture hood to test for adequate airflow through each
  
  unit as per manufacturers specifications
• Temperature
  
  differential (Delta T, ?T)
  
  of each unit in all configurations to determine if each unit is in fact
  
  producing the full BTU cooling capacity at which it is rated
• Supply
  
  air temperature in the problematic rooms
• An
  
  Infrared camera scan of the walls, floors and ceilings of the home to
  
  ascertain the condition of the insulation, locate areas where heat flow
  
  into the home are excessive and where the air barrier of the home is
  
  lacking or ineffective
• A
  
  Blower Door depressurization test at negative 50 Pascals (-0.20 wc)
  
  pressure as per ASTM (American Standards for Testing and Measurement) standards
  
  to measure overall home air tightness and locate points of air
  
  infiltration
• Manually
  
  inspect for and locate air leakage in the HVAC ducts
• Reviewed
  
  the ACCA (Air Conditioning Contractors of America) Manual J, Heat Gain/Heat
  
  Loss Calculation performed by AMC Engineering for the master bedroom/hall
  
  which by code is used to determine the sizing in BTUs (British Thermal
  
  Units) of cooling and heating capacity of equipment installed in
  
  residential structures
• Inspect
  
  the general construction of the home to ascertain any framing or design
  
  errors that are contributory to the issues being experienced at the home

Results and Determinations:

Upstairs A/C-

1. Airflow
   
   Correct airflow through an air conditioner is absolutely critical to its
   
   ability to produce the full cooling capacity at which it is rated, to do
   
   this efficiently and to avoid other negative impacts.  Correct airflow in air
   
   conditioners has often been compared to an adequate flow of blood to the
   
   heart.
2. The
   
   five ton system cooling the upstairs is designed to have airflow of 2,000
   
   CFM (cubic feet per minute) at the industry standard design rate of 400
   
   CFM/ton of cooling capacity. 
   
   This unit was measured with both zones on at a total airflow of
   
   1,437 CFM, which is 563 CFM (28%) short and is only 287 CFM per ton of
   
   capacity. 
3. Static
   
   pressure is representative of the total resistance to airflow through an
   
   air conditioning duct system and has often been compared to the blood
   
   pressure of the air conditioner. 
   
   The design total external static pressure for air conditioners is
   
   normally 0.50 wc (water column) and in this unit it was measured at the
   
   flowing levels in the zone configurations noted:



1. Both
   
   Zones On                         0.81
   
   wc at 19F



2. Z-1
   
   MBR only                        1.05
   
   wc at 24F




3. Z-2
   
   MBR off/rest On            0.89
   
   wc at 20F
4. The
   
   normal performance of an air conditioner is to produce a temperature
   
   reduction between the house air returning to the unit and the air leaving
   
   the cooling (evaporator) coil of between 17F and 20F.  When the coil produces less than
   
   this or more than the expected temperature drop or Delta T it is often an
   
   indication of a problem.  For
   
   one thing, when the airflow through a unit is restricted the delta T goes
   
   up.  The above delta Ts show
   
   that when only the MBR zone is calling for cooling and the rest of the
   
   floor is satisfied, the temperature drop becomes quite high.  This is related to the increased
   
   static pressure we see in this configuration and both are indications of a
   
   very reduced airflow through the unit.  Reduced airflow obviously means reduced cooling
   
   capacity.  This could also lead
   
   to a condition called icing the evaporator coil.  When this happens the evaporator
   
   coil in the unit in the attic can become partially or completely covered
   
   in ice and air can no longer flow through the fins of the coil to be
   
   properly cooled.  Cooling
   
   output drops off dramatically. 
   
   
5. One
   
   item to note in evaluating these readings is the fact that the day we were
   
   there the original filters (one inch thick pleated media filters) had been
   
   replaced by one inch thick fiberglass filters.  The media filters have between two and two and one half
   
   times the static pressure drop (resistance to airflow 0.10 0.20+) as
   
   do the fiberglass filters.  When
   
   the return grilles and the return ducts are adequately sized this is
   
   normally not enough increase to cause a problem.  The presence of the more resistant media filters would
   
   have further increased the already excessive total static pressure, reduced
   
   further the measured airflow through the units.  This would have reduced total cooling output and
   
   increased the likelihood of icing the evaporator coil.  Coils usually become iced late in
   
   the day after many hours of continuous run time in extreme heat conditions.
6. During
   
   the peak of the summer delta T readings were taken by Stephanie Grahn late
   
   in the afternoon (about 6pm) of a 105F day.  The one
   
   inch pleated media filters were still in place at the time so we can
   
   postulate that the airflow through the units was even lower than the
   
   anemic readings we found with the fiberglass filters in place.  The delta T readings were as low
   
   as 4F in the game room
   
   and 5F in the MBR.  Measuring delta Ts this low is a
   
   strong indication of an iced evaporator coil and would certainly lead to
   
   the inability of the system to cool the space adequately. 
7. The
   
   location of the thermostat for the MBR is questionable as it is directly
   
   across from a series of west facing windows where it is unquestionably affected
   
   by the hot sun in the afternoon. 
   
   This would lead to false readings of the temperature in the space
   
   and a constant call for cooling in the zone during the afternoon. 

Downstairs A/C-

1. Airflow-
   
   The airflow for this four ton unit should be 1,600 CFM and it was measured
   
   at 995 CFM which is 605 CFM (39%) short. This is only 248 CFM per ton of
   
   capacity which is far below the 400 CFM required for correct and efficient
   
   operation.
2. Static
   
   pressure was measured at 0.68 wc.
3. The
   
   delta T across the evaporator coil was 24F.  This
   
   elevated Delta T is most likely caused by the low airflow across the
   
   evaporator coil.  When we move
   
   too little warm air across a cooling coil the air becomes colder than we
   
   expect.  Move more air across
   
   the coil and we get more total BTUs of cooling capacity delivered to the
   
   rooms.  Again this unit could
   
   be experiencing icing of the coil on days with long run times. 
4. The
   
   largest problem this unit has with airflow is related to the sizing of the
   
   return ducts and the lengths of the runs required.  Due to issues related to the
   
   design and framing of the house the HVAC contractor was forced to resort
   
   to a number of small ducts to reach the downstairs returns.  The outcome of having to do this
   
   is low return airflow. 

Blower Door Air Infiltration Testing:

1. The
   
   Blower Door places every surface in the home under a controlled and
   
   specified pressure differential and then accurately measures the air
   
   infiltration in CFMs. We can convert the CFM rate to the number of air
   
   changes per hour under normal (ACHn) wind and temperature conditions that
   
   the home experiences using accepted ASTM formulas. 
2. The
   
   target air infiltration for homes today is 0.35 ACHn or about one third of
   
   all the interior air being replaced by fresh outside air every hour
   
   resulting in a complete turnover every three hours. 
3. This
   
   home was measured at 0.55 ACHn which is 1.57 times the target air
   
   tightness level.  This is not
   
   really excessive but it does contribute to increasing the overall cooling
   
   load of the home. 
4. Sometimes
   
   it is not just the overall air infiltration rate but other problems that
   
   are revealed by the blower door test.  Many builders do not correctly air seal the perimeter
   
   rim joist or band joist at the exterior of the framing for the second
   
   story floor.  The framers
   
   often do not extend the exterior sheathing fully behind the point where
   
   the porches and porch roofs are connected to the exterior wall or they
   
   leave big openings here and do not air seal them.  This error allows hot and humid
   
   outside air to freely circulate through the open web trusses between the
   
   uninsulated floors of the home. 
   
   While this does not always lead directly to the entry of outside
   
   air into the home, it does turn thousands of square feet of uninsulated
   
   interior surfaces into boundaries between the inside and the outside
   
   air. 
5. While
   
   inspecting the home with the Infrared Camera during the Blower Door test clear
   
   evidence of just this framing error was seen.  One illustrative example was the fact that the wall of
   
   the bedroom adjoining the hall leading to the MBR showed significant heat
   
   flow at the point where the open web trusses supporting the hallway were
   
   on the other side of the wall and the wall was cool and dark above that
   
   point in the wall.  Another
   
   area in question is the MB bathroom tub.  During the Blower Door test there was very significant
   
   heat and air flow discovered coming up from the floor area under the
   
   tub.  So much air was coming
   
   from under the tub that the service access door was forced open.  Destructive investigation at the
   
   ceilings of the porches would be necessary to confirm the presence of
   
   these hidden openings. 



1. The
   
   trey ceilings of the master bathroom, the media room and the game room
   
   all showed large amounts of air infiltration from the attic.  Further inspection found that
   
   there is a gap about one inch wide completely around the trey ceiling
   
   where the sheetrock does not meet allowing the super heated attic air to
   
   freely enter the rooms. 



2. The
   
   trey ceiling in the game room above the outside doors is very poorly
   
   insulated and has some areas where the insulation is totally missing.



3. There
   
   were large patches of the ceilings of the game room and the master
   
   bedroom where no attic insulation had been installed at all. 



4. The
   
   kneewall of the master bedroom has missing insulation and has no air
   
   barrier on the back side to prevent hot convection loops from reducing
   
   the effectiveness of the installed insulation to less than that of the
   
   wood framing members. 



5. The
   
   chase next to the bed in the MBR is open to large amounts of air
   
   infiltration from the attic where the nightstand is framed into the
   
   wall. 



6. There
   
   is a large gap around the exterior door from the MBR to the balcony. 



7. In
   
   general the vaulted ceiling of the MBR is poorly insulated showing a lot
   
   of heat flow. 
6. The
   
   walls surrounding the elevator shaft are not well air sealed.  There was a gap of over one inch
   
   at the top of the shaft that is allowing attic air to enter the home and
   
   this makes the uninsulated walls of this shaft very hot.  The IR camera clearly showed a
   
   great deal of heat flowing through the walls of this shaft into the surrounding
   
   conditioned areas of the house. 
   
   
7. There
   
   is likely no air seal or correctly installed insulation above the garage
   
   which is situated below the game room.  Builders usually attach the batt insulation to the
   
   bottom chord of the web truss leaving no insulation in contact with the
   
   floor of the room above.  This
   
   means that the room has no insulation and outside air is moving in contact
   
   with it since there is no air seal at the perimeter of the envelope. 
8. During
   
   a subsequent inspection a member of the team was able to crawl into the
   
   framing around the master bathroom tub and take the attached photos of the
   
   exterior walls. It appears that the exterior walls of the home are in fact
   
   not air sealed and are open to easy entry and movement of outside air up
   
   and down the walls, into the home via all penetrations and into the open
   
   web trusses of the second story framing.



1. One
   
   photo appears to show the metal flashing where the rock exterior meets
   
   the stucco second floor.  The
   
   open second story wall cavity where the camera was held is obvious and a
   
   large gap at the bottom of the second story wall appears to connect to
   
   the one inch gap behind the rock exterior. 



2. A
   
   second photo appears to show the same open second story wall cavity and a
   
   large air duct, flue or vent pipe emerging from the area between the
   
   floors and running up the wall via the open space in the walls.



3. To
   
   more accurately determine exactly how all of these building components
   
   are connected we would need to do destructive investigation.  This means opening up the walls
   
   and examining how they were actually built.  After this is determined we could more precisely
   
   develop a plan for remediation of this area of the home.

Recommendations to Repair HVAC Construction Defects :

1. The
   
   exterior of the walls of the home should be opened for examination at the
   
   second story framing level. 
   
   We can then see exactly how the framing was done, what the optimal
   
   placement of the air barrier of this home needs to be.  It appears that the walls of the
   
   home were inadvertently balloon framed.   Much like exploratory surgery, even with remote
   
   imaging, often we must see the nature and relationship of components to
   
   best determine how to proceed most effectively. 
2. HVAC
   
   



1. Increase
   
   the return grille areas for both units and add return ducts to achieve
   
   the manufacturers recommended level of return airflow at the specified
   
   static pressure. 



2. Air
   
   seal all duct leaks including those at the air handler, penetrations and
   
   condensate lines to achieve less than 10% air leakage as a percentage of
   
   total system airflow.



3. Move
   
   the thermostat for the MBR to a location that is out of direct sunlight
   
   and not affected by supply air.



4. It
   
   may be necessary to move the main second story thermostat down the hall to
   
   a location not at the top of the stairs.  It has been our experience that warm air rising from
   
   the first floor, using the stairway as a thermal chimney, can adversely
   
   affect the accuracy of the readings of thermostats in this location. 



5. Increase
   
   the length of the return and supply plenums to make laminar flow across
   
   the evaporator coil possible. 
   
   



6. Recalculate
   
   the ACCA Manual J for the home rigorously to ensure that all heat
   
   loss/heat gain calculations are accurate. 



7. Recalculate
   
   the sizing of the supply and return air ducts giving consideration to the
   
   effective length of the runs when sizing them.  It is our recommendation that return ducts be sized at
   
   0.06wc and supply ducts sized at 0.08wc.



8. Balance
   
   the airflows to all grilles to achieve +/-10% of the required airflows to
   
   all grilles using balancing dampers installed integrally in the duct
   
   system. 
3. Air
   
   Sealing the home-



1. The
   
   gaps allowing air to communicate between the attic and the conditioned
   
   space must be sealed permanently. 
   
   

                                               i.     Including but not limited to the elevator shaft, the trey ceilings, the plumbing penetrations in the master bathroom, kitchen, secondary baths/sinks and other plumbing penetrations, recessed ceiling lights, and around all supply and return air grilles.

                                             ii.     The lack of an effective air barrier at the perimeter of the envelope behind porch roofs, at extended eaves, and cantilevered floors, is more problematic.  We recommend removing a portion of the porch ceiling or eave to gain access to the open areas and seal them with a rigid material equivalent to two inch thick Dow blue board sealed in place with expanding foam.  

                                            iii.     The master bath tub seems to be open to large framing gaps that communicate with the open web trusses, which in turn are allowing air from outside to enter at the unsealed perimeter of the envelope.  It is possible that the dropped ceiling in the dining room/kitchen is connected to this air flow, too.  Destructive investigation will be necessary to determine what is exactly occurring behind the drywall.  

                                            iv.     Remove the ceiling of the garage and reinstall the insulation so that it is in contact with the floor of the game room.  Then using foam (Dow Froth Pak or equivalent) create an air seal at the perimeter of the garage. 

                                              v.     Remove the ceilings of the game room, master bedroom, master bath and media room and add the insulation that is missing, place an insulation board on all vertical surfaces of 2 thick Dow blue board or equivalent, air seal the backing of the kneewalls and rebuild the ceilings creating an air tight seal between the attic and the rooms.

                                            vi.     It would be wise to apply a radiant barrier coating to the underside of the roof deck if it is found that the space available will allow for the required dead air space between the deck and the installed level of insulation. 

                                           vii.     All insulation shall be installed by bag count, not depth.

4. Additional
   
   Investigation:



1. Additional
   
   investigation should be done to ensure that we know exactly how
   
   everything fits together so that an effective plan can be conceived to
   
   retrofit this home. 



2. Destructive
   
   investigation will be necessary in my opinion to achieve this end. 



3. It
   
   is almost certain that the remediation of the issues identified to this
   
   point will require entry into the ceilings, walls and floors of the home.