Hi all:

Just got back from a mandatory seminar hosted by the newly formed Texas Residential Commission regarding the new mandatory structural warranties that are going into effect here in Texas on 06/01. Basically our state government has decided to impose mandatory warranties for various aspects of residential building. For instance, the builder will have to warranty materials and workmenship for one year and mechanical systems for 2 years. Last but not least, the builder will have to warranty the structure for ten years. Not a big deal right, that is, until you get to the part that specifically addresses timber beams & posts. Apparently, in order to protect the original and subsequent homeowners, the builder will have to honor any requests to replace any timber that develops a check or crack greater than 1/2" in a 36" span. The state is treating this as a major structural problem. What I need from my fellow Guild members is any information directing me to any published reports regarding the structural integrity of timbers with checking. Once the warranties go into effect on 06/01, it will be next to impossible to modify. Oh and by the way, it was explained to me today, that the builder would not be able to "contract themselves out" of any liability. Thanks in advance.

I would refer you to the grading rule book that is used by timber graders in your part of the country. Under the Northern Softwood Lumber Bureau rules, seasoning checks of any size are permitted in number 2 grade timbers. The language 1/2" in a span of 36" is a bit confusing though.

Christopher:

Thanks, that was exactly my point. Basically what the new law is stating (as explained to me by one of the inspectors) is that they will take a yard stick and hold it up to a beam or post parallel to the checks. They will then measure the width of the checks along that line. If any one check exceeds 1/2" in width, then that would be considered a structural defect and the homeowner could request a replacement beam/post as a remedy. This would apply for ten years from the date of construction. The inspector was unsure about the depth of the checks (more critical in my opinion). It appears that the law was written in haste and according to the 2003 IRC rules and did not take into account solid wall construction or timber frames. The pat answer that I'm given is "That is a business decision that you will have to make!", when quizzed about any timber frame exceptions. In other words, if the current homeowner wants any beams or posts replaced that have checks in them, they could force the builder to do just that. Not wanting to sound like an alarmist here, but this is a concern of mine.

I agree that you SHOULD be concerned. I've seen less ill-formed laws cause huge headaches.

Perhaps the builder-buyer can exclude that part of the law from the contract?

Joel

Hi Joel:

Unfortunately, the new law does not allow anyone, builder or homeowner, to exclude any portion of the warranty by contract or other agreement. This was done to protect future homeowners from prior exclusions in the event the new owner buys the home while still under warranty. I can send the complete text of the law to anyone interested.

All of my complaining did generate a modification though it was more restrictive. Any check equal to or greater than 1/2" at any point along the beam or post would be considered a major structural problem and would require the builder to replace the beam or post. This just isn't any good!

I was wondering if an exclusion would be allowed. Thank you for the update.

I would be very interested in knowing how this issue shakes out...both in terms of changes in the law and/or how timberframers deal with it.

Joel

First, that law sounds insane! It scares me. This type of law could destroy the construction trade. I understand the idea of a warranty. It should be a workmanship warranty. It should cover thing the builder has control over. This is like saying that if there is a crack in your drywall the entire wall has to be replaced. Also, a homeowner should not be able to determine if something is a structural problem. A professional engineer should have to make that decision. In the extreme case, after nine years almost every timber in house could have a small check and the owner could demand the house be replaced. This is nuts! Sorry for the ranting.