Framing quality control and the code

[mtCDCcb]

Where to begin. Any assistance would be greatly appreciated. We have had the misfortune of working with a contractor who is working on a multi-family affordable housing project. The workmanship is subpar. Issues experienced
1) beams on the front of a duplex that hold up porch overhangs are out of level. These beams affect the positioning of the outlooks. These lookouts are out of level and out of alinement.
2)The porch overhangs also does not plan out with the truss system above. The truss system is framed at one pitch and the rafters over the porch at another. These should be framed at the same pitch.
3) The builder refuses to install framing members on a consistent layout across the building system
4) The builder installs OSB or plywood as shims on point load beams and posts
5)The builder installs TJI's as a rim joist
6)The builder installs floor systems without a sill plat.
7) Majority of trim studs are installed short of their header.
8) Installed foundation waterproofing incorrectly and then backfilled the foundation
9) Installed wall systems between 1.5" to 3/8" out of plumb
10) Installed trusses that do not align on the top plates
11) Installed a floor system that was 3" out of level
12) Poured foundations 3 inches out of level and 1.5 inches out of plumb.

When told to repair these issues they say the code does not require this. How would you respond to this question? Thanks.

[Jerry Peck - Codeman]

Being as the codes do not address "workmanship", I would address it with the following code section.

From the IBC:
- [A] 107.4 Amended construction documents.
- - Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

If the work is not being installed in accordance with the approved construction documents, and if there are any changes made during construction which are not in compliance with the approved construction document, then the contractor is required to submit the amended construction documents showing what is being done, and how it is to be done, and those amended construction documents are not only submitted, they are submitted "for approval" ... and what you are describing sounds like that "for approval" will not be approved. Which means that all work not conforming to the approved construction documents will need to be removed and made to match the approved construction documents.

Keep in mind that contractors do not grasp what building permits and inspections are actually about: THEY submitted a plan on constructing a project; THEY said 'this is what I want to do'; THEY said 'this is how I want to do it'; the AHJ looks what THEY submitted and says 'okay, looks good'. The AHJ is doing nothing more than pointing out where THEY did not do what THEY said THEY would do, and pointing out where THEY did not do it how THEY said THEY would do it (with "THEY" being the contractors).

When addressed that way, it is not the AHJ which is 'the mean old guys who won't let the contractors do what the contractors want, it is the contractors who said 'I'm going to do this and this is how I am going to do it' ... then the contractors didn't do it.

I received a call today from a potential client about a commercial roof where the contractor said that they would use these materials, do the roof this way, and provide a manufacturer's warranty ... and the manufacturer isn't even approving it because the contractor didn't even use all materials from that manufacturer, the contractor intermixed materials by other manufacturers based on what the contractor could get cheaper. Now the roof is a mess ... and the manufacturer is saying 'no way, we ain't touching that one'.