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Utah city tells families to get out of their new homes

Posted at 9:41 PM, Dec 01, 2022
and last updated 2022-12-02 20:46:06-05

DRAPER, Utah — Eric Kamradt says his wife picked out their new home without even telling him. She chose the layout and other features, too.

“We do not enjoy living somewhere else,” he said. “This was our forever home.”

The couple took possession of their $900,000 home in November 2021. Now, the Kamradts can only look at it through a fence.

Draper issued a notice Oct. 25 that it was revoking the occupancy permit for the Kamradts. Their nextdoor neighbors — a family of seven — had to be out, too.

Within months of construction, the two houses had sunk and slid toward the canyon the owners paid to overlook, according to interviews and documents.

“The far corner of the house has sunk almost 10 inches,” Kamradt said.

On Wednesday, cracks were visible in the front exterior of the Kamradt house — in the Hidden Canyon Estates subdivision. The real problems are in the rear, facing the canyon.

There were cracks in the foundation and patio concrete.

The problems began to show in the spring.

Kamradt said he noticed a crack in the concrete on his front porch. When the drywall began cracking, he knew he had big problems.

His house was still under warranty with the builder, Edgehomes. Company representatives declined to go on camera with FOX 13 News, but in a statement, Edgehomes President Gordy Jones said the ground underneath the two residences has shifted due to “unique geographic features and the soils on which they were constructed.”

Kamradt said he spoke to an attorney representing Edgehomes.

“He told us we had two options,” Kamradt recalled.

“Sell the house back to them.”

“Or move someplace else while they fix the house.”

Meanwhile, Edgehomes was trying to make the houses structurally sound, installing new piers and trusses. Inspectors with Draper were monitoring the progress.

On Oct. 25, according to an email sent by city spokeswoman Linda Peterson, Draper issued a notice saying the occupancy permits had been revoked. Peterson wrote the inspectors felt the repairs were “not successful” and the homes “were no longer safe.”

Peterson and Draper Mayor Troy Walker declined on-camera interviews. Edgehomes, in its statement, said it disagreed with the city’s decision.

Kamradt said he and his wife were given about a week and a half to get out.

“So, we were devastated,” he said.

The neighbors declined to speak to FOX 13 News. They cited a paragraph in their purchasing contract in which they agreed “not to disparage Seller in any public or private format.”

FOX 13 News asked Edgehomes if it would waive that clause. A company attorney said no.

Earlier this year, FOX 13 News spoke to attorney John Morris, who represents homeowners and homeowner associations. He recommended anyone buying new construction take the time to read the contract “and probably get a lawyer involved in that process to make sure that something in that contract protects you.”

“And I would still get inspections all along in the process,” Morris added.

The Kamradts are living in a rental home while they discuss with Edgehomes how to proceed. The couple still wants to live in their new home.

Full statement from Draper City

On October 25, 2022, Draper City’s Building Official issued a notice revoking the Certificates of Occupancy and requiring the evacuation of two homes located at 2463 and 2477 E Springtime Rd. This notice declared both homes unfit for human habitation and occupancy due to dangerous conditions. The conditions are related to soil shifting resulting in sliding and breaks in the homes’ foundations.

As of November 3 residents of both homes had moved out and on November 4 the properties were fenced to protect against unauthorized entry. It is currently unlawful for any person to enter either structure without the approval of the Building Official.

Draper City’s Building Official followed up with the residents, the developer, Edge Homes, and the developer’s geologic and geotechnical engineers that designed and oversaw the site work, for several months to see what measures could be taken by the developer to restore the condition of the homes to meet code requirements. However, those measures were not successful and it reached a point where the homes were no longer safe to be habitable. A new report is expected to be submitted soon by the developer that will address the remediation efforts needed to make the homes habitable again. 

Our sympathies are extended to the homeowners as we understand the loss of their homes is a heartbreaking turn of events. Their safety is the City’s greatest concern.

Full statement from Edgehomes President Gordy Parks:

From the time Edge Homes became aware of the shifting and settlement problems with the two (2) homes referenced above, we have worked diligently with the homeowners and Draper City to identify the cause of the problems and determine the appropriate permanent remedy. We have hired several independent expert consultants to monitor and test the homes and determine the best solution, including geo-tech engineers, structural engineers, and civil engineers. We have offered and provided financial assistance to the homeowners, even arranging and paying for one of the families to move into a rental property within the community while we go through this process, and offering to buy back the homes from the owners at the full purchase price plus additional sums. It is a top priority to us to fairly compensate the homeowners for the inconvenience and disruption they have experienced.

In an effort to prevent further settlement/shifting of the homes, we installed helical piers earlier this year and conducted additional testing and monitoring which show that the homes have stabilized. At the present time, we are finalizing engineered plans to perform permanent remedies to ensure no additional shifting or settlement will occur in the future, and to fix the existing damage to the physical structures and components of the homes. We are giving the homeowners the option, if they choose, to keep the homes and move back into them when the repairs have been completed at our expense. In short, we are doing everything we reasonably can to resolve the issues and be fair to the homeowners.

We were disappointed by, and respectfully disagree with, Draper City’s decision to revoke the Certificates of Occupancy for these homes, which effectively forced the homeowners to move out and live elsewhere. The independent experts had confirmed the homes were structurally sound and that the helical piers we installed effectively stopped the homes from additional settlement/movement. Nevertheless, the City revoked the Occupancy Certificates, and we are doing everything we reasonably can to limit the resulting inconvenience and financial impacts to the homeowners.

The good news is the soil compaction problems are limited to these two (2) homes due to the unique geographic features and soils on which they were constructed. Based on the data and studies obtained, no other homes in the Hidden Canyon Estates subdivision are affected. We remain fully committed to completing the long-term remedies and taking care of our homeowners. We continue to implement measures to ensure soil compaction problems do not occur in other Edge developments.

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