Strict rules needed before homeowners go green

ONTARIO - Trapped inside the money pits their green dream homes became, two Ontario families see the fix clearly.

"If the government is going green it needs the regulations, oversight and standards in place first before it swings its doors open and rings the bell declaring the shop's open," says Nadine Bloomfield, a Toronto resident caught in a building project that began with good intentions - to create a simple, modern, eco-friendly home. Two years after breaking ground, Nadine and her husband, Patrick, say the project is a frightening example of "green gone bad."

A Star investigation has discovered that governments have created what some describe as a "Wild West"-like situation by urging homeowners to go green when they renovate or build from scratch.

Green government grants and other incentives have boosted the building sector but few guidelines or quality-control standards exist, and those that do are not policed.

Retirees in Brighton, Ont., have lost their life savings trying to build an eco-friendly home with a small café on the ground floor that caters to locals and tourists. They were told they would receive $60,000 in government rebates for building green, but the money never materialized. The incentive program expired during construction. What they do have is a plaque from the federal government commemorating what has become an inefficient and costly burden.

"I think we've been shafted," says Bill Rudland, 73. "You expect to have at least some checks and balances and basically, we didn't have any."

"It's a Wild West situation because there are no standards," says Doug Fishburn, a roofing industry veteran who helped develop an accreditation program for green roof designers and installers. The program is voluntary.

Provincial energy and infrastructure minister Brad Duguid, who's positioning Ontario as "global green energy leader," says he will have his ministry look into the Star's findings. "I think this is something that consumers really ought to be aware of. Obviously, if it's something that's widespread, I'd want to take a look to see if there's more that can be done."

Martin Liefhebber, an award-winning green architect and industry pioneer, says he wishes the province had the "gumption to stiffen the building code rules" to protect green-inclined homeowners. He warns that focusing on green technologies over better building practices amounts to "planned obsolescence."

In the past two years, homeowners and residential developers have received more than $1 billion in green government rebates and interest-free loans. These programs encourage consumers to invest in things like solar panels on their roofs and ground-source heating in their yards.

Shoddy building is not unique to the green sector: Lawsuits and complaints against architects and builders are common in the traditional home building and home renovation realms.

But given the cost of green technologies and the fact governments are promoting them so aggressively, some industry leaders argue there should be measures in place to ensure those calling themselves green experts are properly trained and certified by a government group or industry association with disciplinary powers.

Companies selling solar electric panels, for example, "are sprouting up like mushrooms on dung," says Andrew McKegney, a member of the Solar Thermal Advisory Committee, which reports to Natural Resources Canada. He also runs Solar Ontario, a design and installation firm. "We need a registration and qualification process for solar vendors.Â… You could be selling cars at a Mazda dealership yesterday and solar electric systems today."

"A lot of the smart guys are saying, 'We build green,'" crusading contractor Mike Holmes said in an interview. "But what shade of green is it?"

When Nadine and Patrick Bloomfield learned their post-war bungalow in the Beach was infested with termites, they saw an opportunity.

They would re-build, and do it green.

The couple envisioned a home with sustainable features like geothermal heating and an energy-efficient green roof that would see them and their two young children through the next 20 years or longer.

"We really felt we were doing the right thing," says Patrick, a bankruptcy trustee. "But also from an investment point of view, I thought this is the way building is going to be in the future - everybody should have what amounts to a green home. So when we can't climb the stairs anymore, this will be a very attractive home for somebody."

Two years and hundreds of thousands of dollars later, the simple, modern, environmentally friendly home of their dreams has become a monument to what the Star has found to be a growing and expensive problem.

Toronto architect Carolyn Moss told the Bloomfields she was confident she could design a 2,200-square-foot green home that would meet their $500,000 budget. She said she has a "wealth of experience" in green home design.

Moss, a principal at architectural firm Moss Sund, wrote to the couple that she was well-versed in "green building practices and healthy houses" and encouraged them to hire her for construction oversight, which was ultimately written into their contract.

In an email interview with the Star, Moss said it is not "appropriate to debate the specifics of any project through the media." She said her company does its best to provide service "above and beyond expectation." About the Bloomfields' project, Moss said only that "many owner-generated circumstances frustrated the process."

In a separate interview, Moss said she had been involved in green building design and consulting for 15 years. She said that since becoming a licensed architect in 2006 and before meeting the Bloomfields, she had worked on five projects she considered to be "green."

Nadine and Patrick say that after months of discussing the design with Moss, the architect delivered a concept drawing with building costs estimated at $725,000.

"She was intent on designing what she called a 'cranked house' with these half walls that looked like maybe you were at the Museum of Modern Art with all of these odd angled rooms," Patrick says.

They asked her to straighten the walls and simplify the design to meet budget. Moss came back with a plan that did not include the green roof, geothermal system or finished basement, as per their original contract.

The Bloomfields had already paid out $40,000 in architect fees and disbursements, and pushed ahead. They requested the plans include the geothermal system and potential for a future green roof green roofs, with earth, grass and plants, cool a house in summer but need extra structural supports, thinking it was an investment likely to pay off in the future.

A few months into the project, the couple lost a $15,000 deposit to a geothermal contractor named Mike Preston of Max Air Environmental, whom Moss had worked with on another project.

The Bloomfields subsequently learned they were among nearly 30 other homeowners across Ontario from whom Preston had secured more than $600,000 in deposits and payments for substandard work or no work at all.

To the Bloomfields, the "green" builder Moss helped them choose - Ken Temple - seemed out of his depth.

Just before construction began in November 2008, the provincial home-warranty corporation - Tarion - had revoked the Toronto builder's registration for his failure to deal with homeowners' complaints.

Despite this fact, Moss assured the couple in an email that "proceeding with Ken is the way to go."

The Bloomfields splurged on a premium termite- and mould-resistant product called BluWood for framing. It is considered a green product because it lasts much longer meaning less environmental waste in the future than regular wood if properly installed. However, the couple subsequently learned that Temple had failed to treat the end cuts of the wood with protective spray.

By February 2009 the house was framed. Sometime that month, Moss stopped supervising work at the site. She would not divulge her reasons to the Star.

For a few months, construction sputtered along. Last June, Moss severed their contract by letter, with the house far from finished. She noted the Bloomfields owed her $4,155.20.

In July, a structural engineer's report from Tarra Engineering noted a series of deficiencies, including missing steel posts, incomplete framing and severely delaminated sheeting.

Then, in August 2009, the Bloomfields hired a home inspector to assess the state of the project.

The report, prepared by Baker Street Home Inspection Services, pointed to "lack of proper project management and oversight." It echoed some of the points in the structural engineer's report and raised concerns about the integrity of the framing and concrete foundation. The roof was missing important barrier walls to facilitate a future rooftop garden, it said, and also lacked a critical ventilation space vital for a flat green roof. The report concluded that "the ultimate responsibility lies with the architect to ensure the build is conforming to drawing specifications as passed by the City's Building department."

Later on, the Bloomfields were aghast when Temple later instructed workers to drywall the home before the exterior was sealed to protect it from rain, and prior to city approval. Electrical wiring hadn't been pulled through the walls.

Seth Atkins, principal designer for the Holmes Group, describes that as "a massive contract violation." Atkins, whose company is building an entire green community in southern Alberta, did a walk-through of the Bloomfields' unfinished home at the Star's request this spring.

The roof was also filled with a foam insulation that did not meet building code.

In March of this year, the builder put a $139,000 lien on the house - the amount he claims is outstanding in his contract. The most recent inspection report, also from Baker Street and issued last month, shows the house is only 60 per cent complete. The report itemizes more than 60 different building deficiencies that need to be addressed before the Bloomfield family can even think about moving in.

Temple responded to the Star's request for an interview to discuss the allegations and his expertise in green building by email. He said the project was under the "supervision and direction of an architect" until the summer of 2009 and that "a number of issues have arisen" since then which resulted in the termination of the relationship between Ken Temple Contracting Ltd. and the Bloomfields.

"The litigation process has been commenced," he wrote. "It is inappropriate for me to discuss this matter at this stage."

The Bloomfields feel betrayed.

"It starts with the green architect and the green contractors and trades they vet and recommend," Nadine says. "And guess who pays to fix everything when they disappear?"

Five years ago, retirees Jennifer Hewitt and Bill Rudland decided to build a new home on a barren lot they owned on the Lake Ontario harbourfront in Brighton, Ont. They pictured a small café on the ground floor that would cater to locals and tourists with confections and hearty, homemade soups. Seafood chowder is Hewitt's specialty.

After closing time, they would walk upstairs to live in the rest of what would be their green dream home/nest-egg.

"I've got grandkids," said Rudland when asked why he wanted to build green. "Perhaps I'm a little bit of a tree hugger at heart."

Their budget: $450,000.

Their architect: A young Toronto designer named Carolyn Moss - the same Carolyn Moss hired by the Bloomfields, before she became a licensed architect in 2006.

Over budget to date: $400,000.

Moss suggested Hewitt and Rudland aim for LEED status - a universally recognized seal of approval for green buildings. The acronym stands for Leadership in Energy and Environmental Design. Moss herself had LEED accreditation.

The couples says Moss told them they would also be eligible for up to $60,000 in government rebates.

What they ended up with was a constant source of stress they never envisioned in their retirement years.

Hewitt, 65 and Rudland, 73, are now working in the café 14 hours a day, seven days a week to pay the mortgage.

They never received a cent of government grant money. The federal ecoENERGY rebates they applied for under the Commercial Building Incentive Program expired during construction. Natural Resources Canada did send a plaque, thanking them for their efforts to reduce greenhouse gas emissions.

The couple believes Moss took extreme measures to try to attain the LEED status, which complicated the build and brought their home in massively over budget. The upstairs level and green roof are still unfinished.

Moss told the Star she wasn't aware the couple was financially stretched.

"We have no knowledge of any construction cost figures as we were not involved in this aspect," she writes by email.

The green-building status is based on a rating system. Points are awarded based on a number of categories including: building materials, design innovation, environmental quality and energy performance.

"I only have 100 amps of power to run a commercial kitchen, which is unheard of," said Hewitt, adding their circuit breakers blow frequently. "We can't run a commercial toaster and the coffee machine at the same time."

In a letter responding to the Star's questions, Moss said the Brighton build was a "small but complex project.

"We worked diligently for several years with the municipality, the contractor and a team of consultants to design, obtain approvals and see the project through construction. There were numerous issues that arose as a result of the process and they were resolved appropriately."

The Star asked a local, third-party builder with proven experience in building energy-efficient homes to assess the property.

"It's just too much of a good thing," Stephen Tobey said.

For starters, "You had way more heating system in there than you needed.

"Did you see the plumbing on that wall? It wasn't rocket science to think that 1,800 square feet didn't need that much pipe. Impossible."

Rudland feels duped and believes the builder and architect used his property as a training ground.

"To be quite honest, the general contractor learned all about building green on my back," he said. "And I think Carolyn learned about it on my back. And I don't like people on my back."

The couple's contractor declined comment on the specifics of the project. But he did complain about the lack of regulations around green building.

"When I look at the new technologies in the marketplace and the way the green industry is going, I want no part of it," said David Wikkerink of Ducon Contracting in Trenton, Ont.

A spokesperson for the Ministry of Municipal Affairs and Housing says the province is reviewing its building code.

"The Ministry is committed to a five-year review of the code and a new building code is expected in 2011," said Shane Gallagher, senior policy advisor with the ministry. "All aspects of energy conservation, and new technologies related thereto will be looked at."

Back in the Beach , the sounds of saws and hammers have resumed at the Bloomfield house. They're hoping to be home in time for the start of school in fall.

They've hired a new contractor, Louis Capozzi of Michael Anthony Homes, to finish the job. He's been building homes for 30 years.

"When I told him our story, he got emotional," Nadine says. "In the end, I'm comforted by this guy with old-fashioned building standards. And that's the greenest thing of all."