Fixit

  • Home was still being worked on after 2 years.  Builder:  So?

  • How did the builders view our incomplete, failing home?

  • We found problems behind stone, wood, drywall rather than fixed

  • Beau Rutherford kept warped cabinet door for months, returned it — warped

  • To Do lists didn’t help get things done

  • Builder held order 7 months without placing it, losing our granite

  • Tyvek Home Wrap opening was left unsealed, hidden behind stone

  • It took Rutherford Custom Homes more than 300 days to install sink escutcheons

  • Builders created a safety hazard by placing faucet outside the front door

  • Rutherford Custom Home was left to us as ‘a suitable, completed residence’

 

Home was still being worked on after 2 years.  Builder:  So?

When we terminated Rutherford Custom Homes in late July, 2009, there were more than 100 items left on their running To Do list.  Plus, there was major ongoing paint rework of wood surfaces throughout the house.

More importantly, major issues intensified when the drought broke and light rains in April, May and June brought:

  • rainwater through more than 15 windows
  • water from the roof into at least 3 interior walls
  • water from the roof into 3 ceilings
  • in-ceiling lights rapidly going out
  • cupped hickory/pecan flooring
  • 4 exterior doors shedding paint.

The builder took no actions that halted these mounting problems. We had trouble getting them to answer their cell phones, office phone, home phone, and email. We terminated Rutherford Custom Homes.

9 months after move-in, we found in some cases repairs would not work. We had to have our Rutherford Custom Home deconstructed, then reconstructed by competetent professionals.

That was our chaotic situation in July, 2009, facing widespread repairs 1 year and 2 months after the contract date to have completed our home, a home suitable for living.

How did the builders view our incomplete, failing home?

James W. Rutherford, Sr.’s, testimony September 15, 2011:

Q: Then if you got a permit on June the 15th of 2007, didn’t you just tell me and testify that in July of 2009, you still hadn’t finished the house?
A: We were doing some small punch-out work though, a hell of a lot different.
Q: Okay. But, in fact, what we’re talking about is 2 years and 1 month after you started the house?
A: So?

James W. Rutherford, Jr.’s, testimony Sept. 15, 2011:

Q: Did – does the contract, as you read it and understand it, have the number of calendar days in which the project is to be completed?
A: Yes.
Q: Okay. “Completion of Improvements.” And does it state there 270 calendar days?
A: It does. Based on my understanding of this contract, it is a – is a projected date, not a deadline.

We found problems hidden behind stone, wood, drywall rather than fixed

Rutherford Custom Homes timeline in not weather-sealing windows.
Rutherford Custom Homes did not weather-seal windows
Rutherford Custom Homes did not weather-seal windows
Rutherford Custom Homes did not weather-seal windows

Rutherford Custom Homes violated contract, code, manufacturer's instructions, TRCC, architect report w/photos, owners' call for weather seal.

Architect called for peel and stick weather seal in report w/photos.

April and May light rains brought water in through more than 10 windows. Note sticker on every window calling for weather-tight seal.

Despite the architect's and our efforts, the windows never were sealed, as removed framing and stone from leaking windows showed.

Windows-graphic-FLAT2 thumbnail
use-peel-and-stick-2-copy thumbnail
windows-3-graphic-wp-copy thumbnail
unsealed-windows-revealed- thumbnail

Beau Rutherford kept warped cabinet door for months, returned it — warped

James W. Rutherford Jr. returned warped door, warped.
James W. Rutherford Jr. returned warped door, warped.
Beau Rutherford returned warped door, warped

We added this warped pantry cabinet door to the To Do list 1/6/09.

Months later, Beau Rutherford returned the door, but without its pull. After searching behind the washer, I looked up, and saw the warp, still there.

There was the warp, still in the returned door, after Beau Rutherford said he'd have it fixed.

cabinet-warp-122908-w thumbnail
pantry-knob-not-returned thumbnail
cabinet-returned-w-warp-82909-w thumbnail

To Do lists didn’t help get things done

To Do lists for James W. Rutherford, Jr. and James W. Rutherford, Sr. Most unfulfilled.
Rutherfords own building schedule provided to us by James W. Rutherford Sr.

Shoddy practices, lack of action, convinced us that lists were needed beyond discussion. Many items were left undone, 23 months after start up. We found that in the end, neither pointing things out, nor putting them in writing seemed to help the builders in the building process.

Green, 8-mo. build schedule; Contract, 9 mo.; Move-in was at 14 mo.; Red bars, unfinished/unfixed, at 23 mo. This, from the JW Rutherford Builder, Inc. schedule given to us by Jim Rutherford to track the progress of our home.

ToDo-RCH-RunningList- thumbnail
Rutherfords-schedule-unmet thumbnail

Builder held order 7 months without placing it, losing our granite

Rutherford Custom Homes failed to reserve granite for 7 months, lost selection.
Rutherford Custom Homes did not reserve granite, leading to this new selection.
Rutherford Custom Homes failed to order, lost selected granite.

Granite was found after searching south, central Texas. Yard required builder to reserve our selection. He didn't -- for 7 months.

New granite, after builder lost our selection by not reserving it.

Unnecessary loss of selected granite is one example of how Beau Rutherford did not follow through. (This, from a note to Jim Rutherford.)

granite-selection-to-Rutherfords thumbnail
granite-new-searchE--21308-w-copy thumbnail
granite-To-Do-for-Rutherfords thumbnail

Tyvek Home Wrap opening was left unsealed, hidden behind stone

James W. Rutherford, Jr.’s, testimony:

Q: Did you inspect the Tyvek application to this project?
A: I saw it, yes.
Q: Did you inspect it for its quality application?
A: Yes.

Rutherford Custom Homes' Tyvek Home Wrap gaps revealed
Rutherford Custom Homes' did not seal Tyvek Home wrap or windows
Rutherford Custom Homes' Tyvek Home Wrap hole was not sealed
Beau Rutherford testified that Tyvek was sealed. Evidence shows otherwise.
Rutherford Custom Homes' Tyvek Home Wrap hole was covered with a paper bag
Rutherford Custom Homes' Tyvek Home Wrap hole was covered with a paper bag

Tyvek shown in construction photo, top, then 20 months later with stone removed. 14-ft gap was covered up, unsealed.

Note Tyvek hole in architect's 9/19/07 photo calling for weather seal for windows.

Tyvek Home Wrap hole still not sealed, a week after architect's report.

Removed stone reveals Rutherford Custom Home documented gap wasn't sealed.

Removed stone shows paper bag covering a Tyvek Home Wrap hole. Beau Rutherford testified Tyvek passed his inspection.

Paper bag covering a hole was applied loosely with nails.

Tyvek-openings-covered-by-stone thumbnail
Tyvek-tear-arch-report thumbnail
Tyvek-Home-Wrap-not-fixed thumbnail
Tyvek-not-fixed-at-window thumbnail
Tyvek wall exposed thumbnail
paper-bag-Rutherford-Custom-Homes thumbnail

It took more than 300 days on To Do lists to get sink escutcheons

It took more than 300 days to do 1-hour escutcheon install
Beau Rutherford installed escutcheons, on To Do lists for 300 days

220 days after move-in, Beau Rutherford installed escutcheons.

8 notes to Rutherfords from 9/22/08 to 6/4/09, after simply asking, to get scutcheons installed at sinks.

Rutherford-Custom-Homes-escutcheon-disaster thumbnail
escutcheons-To-Do-lists-for-Rutherfords thumbnail

Builders created a safety hazard by placing faucet outside the front door

Rutherford Custom Home installed a faucet hazard
Rutherford Custom Home's faucet hazard
Rutherford Custom Homes never finished plumbing job
Rutherford Custom Homes' floor repairs failed
Rutherford Custom Homes never finished wood repairs
Beau Rutherford started refinishing, didn't finish
Rutherford Custom Homes took more than 300 days to replace vent
Beau Rutherford's company, Rutherford Custom Homes, took 6 months to fix master bath shower fixture

Builders put a faucet just outside the front door. Hose and water created a safety hazard coming and going.

Builder placed faucets without asking where we wanted them.

Rutherford Custom Homes did not finish moving/refinishing 1 faucet in 5 months before we terminated the Wimberley, TX builders.

Builder tried to fill holes in the floor for 8 months and failed. The filler popped out.

Beau Rutherford's wood finishing effort was substandard and unfinished.

Builder failed to complete refinishing after months.

Broken chimney vent was on To Do lists for more than 300 days before replacement.

Shower fixture looked the same at move-in. It took Rutherford Custom Homes 6 months from this photo to complete.

faucet-hazard-2609-w thumbnail
faucet-at-front-door thumbnail
faucet-hole-left-unfinished thumbnail
concrete-holes-21609-w thumbnail
Rutherford-Custom-Homes-fix-left-unfinished thumbnail
porch-unfinished-71909-w thumbnail
chimney-vent-61609-w thumbnail
mbath-shower-71508-w thumbnail

Rutherford Custom Home was left to us as ‘a suitable, completed residence’

James W. Rutherford, Jr.’s, testimony:

Q: And is it also true, then, from its beginning through its end that it met your approval from the standpoint of it being suitable as a completed residence for the Roses?
A: Yes, sir.