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Blame and Bill: How Contractors Exploit Building Departments to Cover Their Mistakes

The construction process is often a mystery to homeowners, who trust their contractors to manage projects with professionalism and accuracy. Unfortunately, some contractors exploit this trust by deflecting their own mistakes onto building departments. In a growing number of cases, contractors are passing the cost of their errors onto homeowners, citing building departments as the reason for added expenses. This tactic not only harms homeowners financially but also damages the reputation of building departments, which are wrongly accused of being obstacles in the construction process. Some of the examples below are from my direct experience as a Building Official.

The Game of Deflection: Common Scenarios

Contractors have developed a pattern of leveraging building departments as scapegoats. Here are real-world examples that illustrate how this blame game plays out:
  1. Unauthorized Changes to Plans
    A homeowner’s custom home was framed entirely differently from the approved plans. When the building inspector flagged numerous violations during the framing inspection, the contractor informed the homeowner that the building department had imposed new requirements. The contractor issued a change order for $8,000, claiming it was needed to "appease the inspectors." In truth, the contractor had deviated from the plans without approval, creating the violations themselves.
  2. Electrical Code Shortcuts
    In another case, a contractor instructed an electrician to install standard breakers instead of arc-fault circuit interrupters (AFCIs), despite these being clearly required on the approved plans. When the project failed the electrical inspection, the contractor charged the homeowner an additional $1,200 to install the AFCIs, blaming the building department for being "overly picky."
  3. Site Condition Mismanagement
    A builder underestimated the amount of unsuitable soil that needed removal from a site. When the foundation inspection failed due to improper grading, the contractor blamed the building department for being "too demanding" and issued a $6,000 change order to truck in new fill material. The homeowner later discovered that the issue arose from the contractor’s failure to assess the site properly before construction began.
  4. HVAC System Errors
    In a new build, an HVAC contractor installed ductwork that didn’t meet the required clearances for fire-rated assemblies. When the mechanical inspection failed, the contractor charged the homeowner $2,500 for corrections, claiming the building department had changed the requirements mid-project. The truth? The contractor hadn’t followed the approved plans or code requirements.
  5. Window and Door Placement
    A remodeling project required new egress windows, as indicated on the plans. The contractor installed standard-sized windows that didn’t meet the minimum opening requirements for emergency exits. After failing the inspection, the contractor billed the homeowner an additional $3,000, blaming the building department for being “unreasonable.”

The Consequences of Misdirected Blame

When contractors deflect blame onto building departments, it creates a cascade of negative effects:
  • Financial Burden on Homeowners: Homeowners are hit with unexpected costs for issues they neither caused nor approved. These costs can run into thousands of dollars, derailing budgets and delaying project timelines.
  • Erosion of Trust in Building Departments: Misled by their contractors, homeowners often direct their anger and frustration toward building inspectors and regulatory agencies. Building departments, tasked with ensuring safety and compliance, are unfairly vilified as obstacles.
  • Undermining the Building Process: This blame-shifting behavior damages relationships among stakeholders and reduces accountability, ultimately compromising the quality of construction.

Why This Happens

Contractors may resort to this tactic for several reasons:
  1. Lack of Accountability: Some contractors lack the expertise or organization to manage projects effectively, leading to mistakes that they’re unwilling to admit.
  2. Financial Motives: By blaming building departments, contractors can recoup the cost of their errors by charging homeowners for additional work.
  3. Homeowner Knowledge Gap: Many homeowners are unfamiliar with building codes and inspection processes, making them more likely to accept the contractor’s explanation without question.

What Homeowners Can Do

Homeowners can protect themselves by taking the following steps:
  1. Review the Plans: Homeowners should familiarize themselves with the approved plans and keep a copy for reference.
  2. Ask for Documentation: If a contractor blames the building department for additional costs, request a written explanation and supporting documentation, such as inspection reports.
  3. Communicate with the Building Department: Contact the building department directly to verify any claims made by the contractor. Most departments are happy to clarify code requirements and explain inspection results.
  4. Hire an Independent Inspector: Bringing in a third-party inspector can provide an unbiased assessment of the work and any alleged violations.

How Building Departments Can Help

Building departments can take proactive steps to address this issue:
  1. Clear Communication: Inspectors should ensure that contractors and homeowners receive clear, written explanations of any inspection results.
  2. Homeowner Education: Building departments can provide resources to help homeowners understand the permitting and inspection process.
  3. Document Everything: Maintaining detailed records of inspections, including photos and written notes, can help refute false claims made by contractors.

Restoring Accountability

The construction process should be a collaborative effort built on trust and transparency. Contractors must take responsibility for their mistakes rather than shifting blame to building departments. By exposing these practices and educating homeowners, we can hold contractors accountable and ensure that building departments are seen as partners in creating safe, high-quality structures.
 
Well done...I agree with everything but the independent inspector part....I wish more owners would be involved and understand the process and their rights....Against the contractor and the building department
 
Well done...I agree with everything but the independent inspector part....I wish more owners would be involved and understand the process and their rights....Against the contractor and the building department
I've done a lot of independent inspections on new construction in the Poconos during the boom of the early 2000's and what I can tell you is that I uncovered a lot of completely incompetent building officials and inspectors who were clueless to the codes.
 
One other example from 2020-2022 was what I call "Covid Blame". I saw contractors blaming lack of performance on government shutdowns / remote work, related supply chain issues, etc. Did those problems exist? Yes, of course, but it also became a convenient excuse even when Covid was not actually to blame. Framer 2 weeks behind schedule? Blame covid lockdowns, even though the framing crew was the same size as pre-lockdown and the materials were already on-site.
 
I'm a village where I lived, to there was an active historic structures committee. While they were focused on old houses of note, they offered a free "course" in working on your house. While some was specific to historic issues, some was general building and diy useful info. It included a couple of sessions with people from the building department. Always seemed like would be some market for this kind of course, just basic info for the ambitious diy homeowner, whether they wanted to build an addition or just add few receptacles or replace some bathroom fixtures. Show them not everyone in the building department is out to get them and incompetent to boot. :)
 
I'm a village where I lived, to there was an active historic structures committee. While they were focused on old houses of note, they offered a free "course" in working on your house. While some was specific to historic issues, some was general building and diy useful info. It included a couple of sessions with people from the building department. :)
In my ideal world, the local big box retailers would partner with local jurisdictions. It could be as simple as allowing the city to post QR codes in the window aisle, the exterior fencing aisle, etc. to scan and find out local zoning code requirements to help them purchase the right thing for their neighborhood.
Something I see all the time: homeowner goes to Home Depot, buys some prefab tall fence panels, installs it in the front yard setback without permit, then code enforcement tells them to rip it out. A simple QR code scan could alert them to the requirements and limitations in their neighborhood before making such an expensive purchase.

Of course, I have zero expectation the retailers would go along with this, especially if they would lose a sale due to the customer finding out their product does not meet applicable codes.
 
In my ideal world, the local big box retailers would partner with local jurisdictions. It could be as simple as allowing the city to post QR codes in the window aisle, the exterior fencing aisle, etc. to scan and find out local zoning code requirements to help them purchase the right thing for their neighborhood.
I needed that laugh.

Local big-box place still flogs "Diy" screw piles for decks.... even though they aren't Code-compliant. At all.
 
The job was a water heater. The contractor was a large company with lots of advertising and trucks prowling the mean streets of SoCal. The correction was, "Install T&P valve. Plumb to exterior location." When I went back the customer asked me to not write any more violations because she could not afford another $2,000. She said that the previous water heater did not have a T&P valve so the contractor bid the job without one. Then the inspector required it so she had to pay the difference.
 
Local property management company wants to upgrade a bunch of gas water heaters to heat-pump style. They're talking to a plumber for portions of the work and electricians for the other. Neither is talking to the other, or so they say... The quote from the electrician shows a single 20amp, 120v circuit run to each water heater location. I pointed out that they also need a 240v circuit in each location and the project has stalled. And, of course, I am the bad guy. I imagine they had the change order ready to go...
 
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