01Problem
Municipal code inspections and the builder’s own QA check minimums and move fast; they are not a buyer-hired InterNACHI/ASHI inspection. Census/HUD CB26-174 (Oct. 27, 2026) put the September 2026 median new-house price at $400,400. Once drywall, insulation, and finish cover the structure, framing, flashing, fireblocking, and rough mechanicals are gone. Without a written inspection contingency, defects become warranty claims, not a path to delay closing or recover the deposit. FHA still requires only the one-year HUD-92544 Warranty of Completion; the commercial 1-2-10 product is optional private coverage.
02Intake
- Unsigned purchase agreement: inspection-access clause, whether inspection is informational only, termination rights, punch-list process, estimated completion, force majeure.
- Plan/elevation, spec sheet, change orders, lot grading plan, and the model-home vs contract comparison.
- Construction stage (dirt, pre-pour, framing, pre-drywall, finishes, CO pending) and the superintendent’s current schedule.
- Warranty booklet (1-2-10 vs 1-2-5-10 vs 10-4-1 vs 1-year), HUD-92544 if FHA, HUD-NPMA-99-A if a termite area.
- Loan type (FHA/VA/conventional/USDA) and the lender’s “subject to” / postponed-item rules.
- State (CA SB 800, TX RCLA, NY GBL 777-a, FL § 553.837) and the AHJ that will issue the certificate of occupancy.
- Inspector credentials (InterNACHI or ASHI, state license where required, new-construction phase experience) and the written phase agreement.
03Playbook
- 01
Put access and a termination right in the contract before dirt moves. Without a final-inspection contingency, defects become warranty claims. Write: independent inspector at pre-pour, pre-drywall (before insulation and gypsum), and final with water, power, and HVAC operating; material defects let Buyer delay closing, escrow 120% of a licensed contractor’s estimate, or terminate and recover deposits. Book the inspector the week you sign.
- 02
Treat IRC R109 as the city’s floor, not the buyer’s inspection. 2024 IRC: R109.1.1 foundation (before concrete); R109.1.2 plumbing/mechanical/gas/electrical; R109.1.3 floodplain; R109.1.4 frame and masonry; R109.1.5 other; R109.1.5.1 fire-resistance-rated; R109.1.6 final. R110.1: no occupancy without a CO. Pre-drywall is not an IRC-named inspection. InterNACHI SoP (October 2022) is visual, non-invasive, and excludes code-compliance certification.
- 03
Phase 1 — pre-pour / foundation (before concrete). Photograph: footing width and depth vs the stamped plan; rebar size, spacing, chairs, and cleanouts; vapor barrier continuity and seams; hold-downs, anchor bolts, and post bases; underground plumbing test (water or air) and slope; termite pretreatment or physical barrier (HUD-NPMA-99-A in HUD termite areas); drainage/waterproofing on basement or stem walls. Once the slab is poured, this layer is gone.
- 04
Phase 2 — pre-drywall / pre-cover (the highest-value window). Photograph: window and door flashing, pan flashings, WRB continuity and taped seams, kick-out flashing; roof-to-wall and deck flashing; fireblocking and draftstopping; nail plates on plumbing and electrical where they pass through studs; HVAC duct layout, insulation, and mastic; electrical box fill and GFCI/AFCI locations; plumbing drain slope (~¼ in./ft on 3-inch and smaller); load path (straps, hurricane ties, hold-downs); insulation R-value and baffles before cover. Structural options (HVAC tonnage, electrical service, plumbing rough-in, elevation) cannot be added later without demolition.
- 05
Phase 3 — final / pre-closing with utilities on. Confirm the CO is issued or scheduled (IRC R110.1). Test GFCI/AFCI, water pressure and waste, HVAC supply/return and temperature split, attic baffles and ventilation, grading/drainage away from the foundation, garage firewall and self-closing door, and smoke/CO alarms. Run a radon test; EPA action 4.0 pCi/L, consider a fix at 2–4; test every new home, including RRNC homes (EPA 402/K-24/001, March 2024). The zone map does not skip the test.
- 06
Phase 4 — 11-month warranty inspection. InterNACHI’s 11th-month product is a full SoP inspection “before the builder’s warranty expires.” Book it at month 9 so the written claim lands before year-one workmanship ends. Photograph settlement cracks, binding doors/windows, grout and caulk failure, grading after a full wet season, HVAC after heating and cooling seasons, and roof/flashing after storms. Send the punch list to the warranty manager and (in CA/TX) the statutory pre-suit channel.
- 07
Calendar builder access. Production builders typically require an accompanied visit, 24–48 hours’ written notice, and a prohibition on unescorted walking of an active site. Put the notice method in the contract. A superintendent who says “inspect after our internal final or you delay closing” is compressing the window (The Cool Down, Oct. 28, 2026, recapping a California unfinished-house dispute). Pre-drywall cannot be reconstructed after gypsum.
- 08
Read the warranty against the statute. 1-year workmanship / 2-year systems / 10-year structural is a commercial product (2-10 HBW, RWC), not a federal mandate. Pulte’s national booklet is 1-2-5-10 with an implied-habitability disclaimer and FAA/AAA arbitration. Horton is division-specific (RWC 1-2-10 or CA attached 10-4-1). Lennar 10-K: minimum one year. FHA dropped the 10-year plan in ML 19-05 (March 14, 2019) and still requires HUD-92544 (form 4/2023). Written notice of substantial nonconformity within one year from original conveyance of title or initial occupancy, whichever first.
- 09
Match loan-blocking items to GSE rules. Fannie B4-1.3-06 (06/04/2025): C6 (safety/soundness/structural integrity) is not eligible; repair to at least C5 before delivery. Fannie B4-1.2-05 postponed items: complete within 180 days of the note; items must be in the sales contract (no third-party contracts), postponed for weather or materials, and must not block an occupancy permit; cost ≤10% of as-completed value; lender escrows 120% of estimate, or 100% of a guaranteed fixed-price contract. UAD 3.6 mandatory Nov. 2, 2026 for Fannie/Freddie.
- 10
Use the state notice clock as the punch-list method. CA SB 800 (Civ. Code §§ 895–945.5): exclusive right-to-repair; 10-year structural/water; builder acknowledgment in 14 days. TX RCLA (Prop. Code ch. 27, HB 2022 Sept. 1, 2023): certified-mail notice 60 days before suit; up to three inspections in 35 days; offer in 60 days. NY GBL § 777-a: 1/2/6-year implied warranty unless replaced under 777-b. FL § 553.837 (July 1, 2025): 1-year transferable warranty for material FBC violations on never-occupied 1–4 unit / modular homes.
- 11
Photograph like a claim file. Every photo: date, room or elevation, defect, and a wide shot for context. Keep the inspector’s PDF, the CO, the city inspection card, HUD-92544, and every email to warranty.
- 12
Decision rule. Delay closing or escrow 120% when the inspector finds active leaks, missing fireblocking, open load-path connections, failed plumbing tests, or no CO. Close and punch when items are cosmetic. Walk when the builder bars the independent inspector or forces inspection of an unfinished house with utilities off.
04Checklists
New-construction inspection planner
- Inspection-access and termination language in the signed contract
- Buyer-hired InterNACHI/ASHI inspector with a written four-phase agreement
- Pre-pour photos: rebar, vapor barrier, footings, hold-downs, underground plumbing, termite pretreatment
- Pre-drywall photos: flashing/WRB/window pans, nail plates, fireblocking, HVAC ducts, electrical box fill, plumbing slope, insulation
- Final with CO, utilities on, GFCI/AFCI, water pressure, HVAC split, grading, attic baffles
- Radon test planned (every home); action 4.0 pCi/L; 11-month inspection booked at month 9
- City R109 cards, CO, HUD-92544 (FHA) / NPMA-99-A (termite areas) in the file
- Warranty booklet matched to CA SB 800 / TX RCLA / NY 777-a / FL 553.837
- Punch list emailed to warranty and sales, with photos
- Loan-blocking (C6 / leaks / heat / electrical) repaired before closing or 120% escrowed
- Spec vs as-built compared at pre-drywall; 24–48h access notice calendared
05Questions to ask
- Q01
“May my InterNACHI/ASHI inspector access the home at pre-pour, pre-drywall (before insulation and gypsum), and at final with water, power, and HVAC on, with 24–48 hours’ written notice?”
- Q02
“Is inspection a termination contingency, or informational only? Send the clause.”
- Q03
“What is the AHJ inspection card schedule (IRC R109), and will you give me copies of every city sign-off?”
- Q04
“Attach the stamped foundation, framing, and mechanical plans my inspector will check against.”
- Q05
“Who accompanies the inspector on site, and what is the written notice method?”
- Q06
“Provide the warranty booklet, HUD-92544 if FHA, HUD-NPMA-99-A if a termite area, and the arbitration/class-waiver clause.”
- Q07
“If material defects are found, will you delay closing, escrow 120% of a licensed contractor’s estimate, or let me terminate and recover deposits?”
- Q08
“When is the 11-month warranty inspection window, and what is the written-claim address for year-one workmanship?”
- Q09
“Confirm radon testing will be allowed after occupancy (EPA action 4.0 pCi/L), including if RRNC was installed.”
06Red flags
Third-party inspectors barred, or “builder QA is enough”
Inspection is “informational only” with no delay/escrow/terminate right
Compressed close: inspect an unfinished house (water off, no flooring) or wait until month 11
Skipping pre-drywall because “the city already signed framing”
“FHA requires our 10-year warranty” (false since March 14, 2019)
Skipping radon because “we’re not in Zone 1” or “we installed RRNC”
Superintendent walk treated as the buyer’s inspection
Punch list taken only as a verbal list at the new-home orientation
Using the builder’s “preferred” inspector who also bids repairs
No CO at closing, with occupancy promised “next week”
07Scripts
Buyer may hire an independent InterNACHI- or ASHI-certified inspector at (1) pre-pour / foundation, before concrete is placed, (2) pre-drywall, before insulation and gypsum, and (3) final, with water, power, and HVAC operating. Seller will provide accompanied access within 48 hours of written notice. If material defects are found, Buyer may delay closing until corrected, require escrow of 120% of a licensed contractor’s written estimate, or terminate and recover all deposits including design-center fees. Seller’s estimated completion date is [date]. If a certificate of occupancy is not issued and utilities are not on by [drop-dead date], Buyer may terminate and recover all deposits.
Under the purchase agreement dated [date], I am giving written notice that [inspector name, InterNACHI/ASHI #] will inspect [community/lot] on [date/time]. Phase: [pre-pour / pre-drywall / final]. Confirm accompaniment and that insulation and gypsum will still be off (pre-drywall) or that water, power, and HVAC will be operating (final). I will photograph and send a written punch list to [warranty email] the same day.
Certified mail, return receipt requested, under Tex. Prop. Code § 27.004. I am giving written notice of construction defects at [address], with photos attached: [list]. You have the inspection and settlement-offer windows in Chapter 27. Please confirm a repair plan in writing. This notice also documents year-one workmanship items under the limited warranty and, if FHA, under HUD-92544 (written notice within one year from original conveyance of title or initial occupancy, whichever first occurs).
08Tools
Callable over MCP once connected. Your agent passes the inputs and gets structured results back.
phase_inspection_calendarPhase-inspection calendar- Dated task list for a new build: access requests 48 hours before pre-pour and pre-drywall, final before CO/closing, 11-month warranty inspection booking (close + 270 days), HUD-92544 / year-one notice (1 year from the earlier of closing or occupancy), and Texas 60-day / California 14-day clocks after a punch list is sent.
punch_list_claim_packagerPunch-list claim packager- Sorts warranty items into year-1 workmanship, year-2 systems and structural, and drafts the notice letter (Texas Property Code § 27.004 notice or California SB 800 claim, or a generic warranty claim) with a photo index.
radon_decision_helperRadon decision helper- EPA guidance: fix at 4.0 pCi/L or above, consider mitigation from 2.0 to 3.9; the EPA zone does not change what a test result means, and a radon-resistant (RRNC) house with a high result still needs a fix.
09Formulas & rules
- Fannie B4-1.2-05 postponed-item escrow (new/proposed construction). Escrow = 1.20 × estimate (or 1.00 × guaranteed fixed-price); complete within 180 days of the note; cost ≤10% of as-completed value; items cannot block the occupancy permit. Worked: as-completed value $400,400; 10% cap = $40,040. Inspector estimates $8,500 to finish weather-delayed sod and screens (CO already issued). Escrow $10,200. At 100% of a builder fixed-price completion contract, escrow $8,500. A $50,000 unfinished kitchen that blocks the CO is outside this table.
- HUD-92544 clock. Notice of substantial nonconformity due within 1 year from original conveyance of title or initial occupancy, whichever first occurs. Close June 15, 2026, occupy June 20 → notice by June 15, 2027. Occupy May 1, close June 15 → notice by May 1, 2027.
- 11-month booking. Close June 15, 2026 → book inspection by March 15, 2027 (month 9) so the written claim is in before June 15, 2027.
- Texas RCLA. Notice at least 60 days before suit. Notice mailed April 1, 2027 → earliest suit May 31, 2027. Contractor may inspect up to three times in 35 days; offer due in 60 days.
- California SB 800. Builder acknowledgment within 14 days of written notice. Notice May 1 → acknowledgment due May 15.
- EPA radon. Action 4.0 pCi/L; consider mitigation 2–4. A 4.2 pCi/L result on a new home with RRNC still needs a fix.
- IRC occupancy. R110.1: CO required before occupancy. Closing without a CO is a loan and habitability problem.
- FHA 10-year plan. Eliminated March 14, 2019 (ML 19-05). Remaining FHA new-construction papers: HUD-92541, inspections or CO evidence, appraisal, HUD-92544, and NPMA-99-A in termite areas.
10State variation
- Florida § 553.837 (HB 623, effective July 1, 2025): 1-year transferable warranty for material FBC defects on never-occupied 1–4 unit / manufactured / modular homes.
- Texas RCLA last major rewrite Sept. 1, 2023 (HB 2022); still current Chapter 27.
- California SB 800 remains the exclusive construction-defect path for post-2003 purchase agreements.
- HUD/USDA IECC: 2024 rule tying specified FHA/USDA new construction to 2021 IECC (89 FR 33112, Apr. 26, 2024) — HUD announced rescission April 28, 2026 (HUD No. 26-029 / 91 FR 23450). Confirm current 4000.1 before advising an FHA energy path.
- UAD 3.6 mandatory for Fannie/Freddie appraisals Nov. 2, 2026 (FHA began accepting Oct. 1, 2026).
- Inspector licensing: Iowa (July 1, 2025), Montana and Utah (Jan. 1, 2026) newly regulate; several states remain unlicensed (counts conflict — verify the state board). InterNACHI SOP last revised October 2022.
11Community tactics
- Book the pre-drywall inspection; city inspectors check code minimums and move fast. Verified — InterNACHI pre-drywall page and IRC R109 omit a named pre-drywall inspection; SoP is visual, not a code-compliance certification.
- Schedule an inspection at month 11 before the builder’s warranty expires. Verified — InterNACHI 11th-month brochure; HUD-92544 and typical 1-year workmanship run from close/occupancy.
- Hire a third-party inspector for pre-drywall, pre-closing, and 11-month. Verified as the phase schedule; credits vs repair vs 120% escrow follow Fannie postponed-item and IPC rules (skill 7). The Ryan Homes thread is community evidence, not a legal mandate.
12Fact-check notes
- CFPB, FMCSA, Pennsylvania Insurance Department, NBC News, and ProPublica pages: none cited in last30days for this skill.
- URLs work this round: InterNACHI SOP (Oct. 2022; visual, not code-compliance); InterNACHI pre-drywall; HUD-92544 (1-year; notice from title or occupancy, whichever first); HUD ML 19-05 (10-year plan gone March 14, 2019); EPA new-home radon (test every home; action 4 pCi/L); Fla. Stat. § 553.837 (July 1, 2025); B4-1.2-05 — works; 180 days from note; cost ≤10% of as-completed value; 120% escrow or 100% guaranteed fixed-price; items cannot block occupancy permit. ICC R109 is paywalled; section numbers from InterNACHI’s 2024 IRC cites.
- Dropped: national pre-drywall defect-frequency percentages; typical phase-fee tables. Angi 2026 $344 is a general-inspection average, a resale benchmark. $52,883 broken-arm X story, Connecticut deposit rule, New Mexico spot-delivery: not used.
13Tools to implement
Show the tool specifications
- Phase-inspection calendar. Inputs: contract date, estimated pre-pour, estimated pre-drywall, estimated CO, close date, loan type, state. Logic: back-solve 24–48h access notice; set 11-month booking at close+270 days; set HUD-92544 / year-one workmanship at min(close, occupancy)+365; set TX 60-day or CA 14-day clocks from punch-list send. Output: dated task list. Sources: IRC 2024 R109/R110 (AHJ-adopted); HUD-92544; InterNACHI 11-month card.
- Punch-list claim packager. Inputs: inspector PDF, photos, warranty booklet, state. Logic: split items into year-1 workmanship / year-2 systems / structural / state statute; generate TX § 27.004 or CA SB 800 notice. Output: send-ready letter + photo index.
- Radon decision helper. Inputs: test result (pCi/L), zone (1/2/3), RRNC yes/no. Logic: ≥4.0 = mitigate; 2.0–3.9 = consider; zone is irrelevant to the test. Sources: EPA new-home radon; EPA Map of Radon Zones.
14Sources
- 01
- 02
- 03
- 04
- 05
- 06
- 07
- 08
- 09B4-1.3-06, Property Condition and Quality of Construction of the Improvementsselling-guide.fanniemae.com
Fannie Mae Selling Guide, 06/04/2025
- 10B4-1.2-05, Requirements for Verifying Completion and Postponed Improvementsselling-guide.fanniemae.com
Fannie Mae Selling Guide
Demand evidence F3×P4×S5 = 60; r2 §14 “We've found missing HVAC registers/fixtures, leaky plumbing, electrical issues” at pre-drywall (u/pluiesansfin, r/FirstTimeHomeBuyers)