Yet that was the only remedy for customers of Lennar and Arvida who were wiped out by the hurricane. Suing was the only way to get compensation, and settlements provided that.
Insurance companies are also in court with Arvida and Disney over the Country Walk debacle. This is good if it discourages flimsy house building. The larger the cash penalty, the greater the incentive for companies to be more diligent next time.
Eventually, corner-cutting developers will sit down with a calculator and figure out that Andrew was bad for the bottom line. While it"s great to sell scads of houses, it"s not good business when scads of customers and their insurance companies sue your pants off.
Homeowners were left with few options. The building industry obviously didn"t police itself, while government failed at every step in its obligation to protect consumers from such a preventable tragedy.
Plied by campaign donations from developers, Dade politicians made scarcely a peep as the South Florida Building Code was watered down. Even then it wasn"t well-enforced. And those who violated or corrupted it seldom got punished.
So that left the civil courts as the only forum where Arvida, Lennar and the others could be held accountable.
The State Attorney"s Office admitted as much. In explaining why it took so long to complete the Country Walk probe, the lead investigator said he was "waiting to see if the civil litigation revealed any smoking guns."
Good thing they don"t handle murder cases that way.
For home buyers, the lesson is simple but cynical. If you"re looking for a safely built house or condominium, expect no trustworthy safeguards from the state or county. And expect no action when gross abuses come to light.
The way to avoid heartache in the next hurricane is to avoid living in cheesy cardboard subdivisions. Judging by the houses that endured Andrew"s worst winds, good builders are out there. The trick is finding them.
Start with the ones who aren"t tied up in court.
Novel approach: We build it, we approve it May 11, 1997 This week"s Bureaucracy-Buster Prize goes to Carlos Valdes, chief building inspector for Dade County.
For five years Valdes moonlighted as a roofer and repairman, pulling 31 construction permits from the same agency for which he worked. Twice he inspected his own jobs, and gave final approval on both of them.
At first glance, this seems to be an outrageous conflict of interest, particularly if you"re a competing contractor.
And for a building department pilloried after Hurricane Andrew for lax enforcement, it might seem slightly...well, irregular for an inspector to be approving his own construction work.
But from Valdes" perspective, you could make the case that he was merely trying to streamline a c.u.mbersome bureaucratic process.
Call it Carlos" One-Stop Roofing-the guy who lays your shingles also inspects the job. For customers in a hurry, it was a nifty arrangement: Valdes: I"m all done with your roof, Mrs. Smith.
Customer: Fantastic, Carlos...oh, but now I"ll have to wait weeks for those chowderheads at the building department to come out for an inspection.
Valdes: No, you won"t, Mrs. Smith. See, I"m also a building inspector! Let me climb up there right now and check it out.
Customer (elated): Oh, Carlos, you think of everything!
Imagine the relief of home builders and owners, who no longer had to fret about their roofs pa.s.sing muster. Suddenly it was a done deal.
If Valdes didn"t personally do the inspecting, his co-workers did. According to county records, fellow inspectors once flunked a Valdes roof-then Valdes himself signed off on the final papers, saying the problem was fixed.
Quick and efficient. Isn"t that what we all want from local government?
Unfortunately, there"s some silly rule against Dade building inspectors part-timing as builders. Valdes has been suspended with pay while an investigation is conducted. That"s the price of being an innovator.
Anyone who"s tried to get a house built or repaired in South Florida since the big hurricane knows how exasperating it can be. Often there are long delays between inspections, because building departments are so short-staffed and overworked.
The Valdes approach was a marvel of simplicity: We build it, we approve it.
It"s the sort of idea that would appeal to some Metro-Dade commissioners, who seem primed to cave in to industry pressure and roll back post-Andrew reforms.
Heck, go for broke. Why not deputize all contractors as county building inspectors?
You"d save lots of time and paperwork. You"d save wear-and-tear on county vehicles. And you"d save a fortune on ladders, because builders usually provide their own.
Last, but not least, you"d eliminate the corruption problem. Under the Valdes system, there"d be little reason for unseemly cash payoffs.
Honest builders would do honest inspections. As for the crooked builders, whom would they bribe-themselves? That seems unlikely, even in Miami.
To be sure, a one-stop permit-and-inspection program would have drawbacks. A careless contractor probably isn"t the best qualified to say whether his construction methods are st.u.r.dy or not.
But look on the flip side. After the next hurricane hits, we"ll know precisely who"s competent and who isn"t. Builders won"t be able to blame inspectors, and inspectors won"t be able to blame builders...because they"ll be one and the same.
It"ll be so darn simple that maybe, just maybe, the state attorney might be able to indict some of them.
Cyberfraud simplifies corruption August 9, 1997 No anniversary of Hurricane Andrew would be complete without a scandal in Dade County"s building department. This time it"s cyber-corruption.
Somebody logged onto the master computer and typed in phony inspection approvals for hundreds of construction projects. Many homes and buildings might need to be reinspected and repaired.
In some cases, roofs that flunked repeated on-site inspections were mysteriously approved later, by computer. Most entries were traced through a pa.s.sword to a former building department clerk, Pablo Prieto, who denies any wrongdoing.
Whoever the phantom hacker was, the implications of his scheme are far-reaching for development in South Florida. If computerized corruption is perfected, it will revolutionize bribery as we know it in munic.i.p.al building departments.
The customary method is an all-too-familiar charade. A crooked inspector gets into a county truck, drives out to a construction job, maybe even climbs up on the actual roof for a minute or so, if it"s not too hot.
Afterward, resting in the air-conditioned comfort of the truck, the inspector might find a $100 bill tucked under the visor, or tickets to a Dolphins game on the seat. That"s when he writes up his report, approving the roof as st.u.r.dy and up to code.
As graft goes, it"s fairly uncomplicated. However, it"s also time-consuming, wasteful and increasingly risky.
Computers could streamline the whole corruption process from start to finish, paradoxically benefiting taxpayers as well as dishonest builders.
If a bad roof can be "fixed" with a few surrept.i.tious strokes on a keyboard, there"s no point in sending a shady inspector to a site. Think of the money the county would save in one year on gasoline, tolls and wear-and-tear on its vehicles. Think of what it would save on stepladders.
In fact, if the ch.o.r.e of falsifying building records can be handled more efficiently by cybersavvy clerks, it renders crooked inspections obsolete. Why even bother?
For an unscrupulous builder, computers would take the guesswork and seedy melodrama out of bribery. Never again would you be made to wait around all day in the blazing sun for a roof inspector, in the hopes he was one of those who would take a payoff. Most won"t.
Imagine a day in the not-so-distant future when all you do is call the building department and speak to your friendly hacker-on-the-payroll. He pulls up your company"s file, taps a few words on the screen and, presto!-all your roofs are instantly inspected and approved.
Before the lid blew off at Dade"s building department, cybercorruption was spreading rapidly. Investigators are examining 3,000 cases for clues of electronic tampering, and there are plenty.
For instance, the county"s computer lists 18 air-conditioning jobs inspected on a Sat.u.r.day. The only problem is, air-conditioning inspectors don"t work on Sat.u.r.days.
If the hackers weren"t especially careful, they probably knew they didn"t need to be. Officials who uncovered the fraud waited more than a year before notifying the police.
With that kind of ragged oversight, and some clever software, it"s conceivable that an entire subdivision could be cleared, built, sold and occupied without a single legitimate inspector setting foot on the property.
The people who bought homes there would never find out the truth, unless a hurricane came and blew off their roofs and knocked down their walls.
In which event, Dade building officials better pray the storm is big enough to knock out the computer"s memory, too. That"s the one thing that could byte them where it counts.
Storms ahead if construction bill is pa.s.sed April 27, 1997 With only five weeks to hurricane season, the Legislature has taken the first step toward weakening some important post-Andrew construction reforms.
The House has given preliminary approval to a mind-boggling law that would prohibit local governments from imposing some building rules stricter than those required by the state.
They ought to call it the Roofers-from-h.e.l.l Relief Act.
It"s aimed largely at Dade County, which had (for obvious reasons) imposed tougher regulations for overseeing construction.
Dade had taken the radical position that people who put houses together should know what they"re doing, or have a supervisor who does. For instance, the county now requires one licensed journeyman for every three unlicensed workers on a job.
Builders didn"t like the rule, so they enlisted two friendly politicians to shoot it down-Sen. Fred Dudley of Fort Myers and Rep. Carlos Lacasa of Miami.
Remember those names the next time you open your homeowner"s insurance and wonder why the premium is so high.
Perhaps Lacasa and Dudley didn"t read the Dade grand jury"s report on Hurricane Andrew, but you can bet State Farm did. Among the panel"s recommendations were stiffer qualifications for construction workers, to help weed out incompetents.
Lacasa says Dade"s journeyman rule is burdensome and unnecessary, because plumbers and electricians-the trades most affected by it-weren"t responsible for buildings blown apart during Hurricane Andrew.
He"s right, but those who were responsible should be equally tickled by Lacasa and Dudley"s legislation. If it pa.s.ses, local communities will find it hard, if not impossible, to independently crack down on unqualified roofers, masons and carpenters.
That"s because the proposed law would block Dade and other counties from adopting any "professional qualification requirements relating to contractors or their work force..."
Parroting industry lobbyists, Lacasa blames a flawed code-not crummy construction-for Andrew"s devastation. This guy should be a poster boy for short-term memory loss syndrome.
Does the name Country Walk ring a bell? Among the rubble of that development was ample evidence of slipshod and reckless work-trusses without braces, braces without nails, and more.
In fact, serious construction mistakes were doc.u.mented at virtually every subdivision that had been leveled by the storm. While the building code wasn"t perfect, at least it called for roofs to be strapped securely to houses-an inconvenience, apparently, for a few builders.
So widespread was the problem of bungled workmanship that hundreds of Dade homeowners sued, and some of the area"s largest developers agreed to settle out of court.
None of this escaped the notice of insurance companies, which had taken a $16 billion hit from the 1992 hurricane. Some firms pulled out of Florida, and those that stayed raised their property rates astronomically.
Dade"s building reforms came after lengthy public hearings with plenty of expert testimony. Even the politicians seemed to understand that a stronger, better enforced code not only would save lives and property, it could lead to lower insurance rates.
Don"t get your hopes up now. Lobbyists for the home-building industry are pushing Metro to roll back some of the post-Andrew changes, and to weaken the code enforcement office.
Similar forces are behind the foolish Lacasa-Dudley bill. How dare Dade try to protect people from construction rip-offs! That"s a job for the Legislature.
Which clearly needs some firsthand experience with hurricanes. On the eve of a new season, we can only hope.
Tax Dollars at Work
Dade taking furniture flap sitting down January 27, 1986 A true news item: In only five months, Dade County Manager Merrett Stierheim and his successor, Sergio Pereira, spent $63,674 furnishing the same office twice.
Harry Ha.s.sock, Dade County"s newly appointed Curator of Fine Furniture, was steamed.
"Why do you people keep picking on us?" he screeched, waving the newspaper.
I could barely see the man over his teakwood desk, which was nine feet high and tastefully trimmed with polished emeralds.
"Mr. Ha.s.sock, we"re not picking on anyone," I shouted up to him. "It"s just that the taxpayers are getting upset. They see Mr. Pereira running all over town preaching for a sales tax hike and warning that Metro is going broke. It"s hard to take him too seriously after he spends $9,000 on a sofa."
"The man needs a place to nap!" Harry said, peremptorily.
"But for that kind of money you could feed and house a homeless child for a year."
Harry Ha.s.sock winced. "Please, we"re talking leather here. The finest leather from the finest cows in Argentina. And get your notebook off of there-that"s a $9,999 coffee table!"
In exasperation I said, "One more time, explain to me why Sergio needed to buy an expensive round desk instead of keeping Merrett"s expensive rectangular one."
"Because there was chewing gum stuck under all the drawers," Harry said. "Besides, Sergio is a round thinker. You can"t put a round thinker at a rectangular desk-it would be disaster. Hey, what"s that crud in my ashtray?"
"Looks like ashes," I said.
"Ashes! Who"d dump ashes in a beveled diamond ashtray? Have you any idea what that ashtray cost?"
"Probably $9,999."
Harry Ha.s.sock eyed me suspiciously. "How did you know?"
"Wild guess," I replied. "Sergio"s desk set cost nine grand. So did his credenza. All this stuff seems to run about nine grand. Why is that?"
"Because," Harry said, dropping his voice to a sly whisper, "if it cost any more, the Metro Commission would have to vote on it. In public, for G.o.d"s sake-can you imagine?"
"Talk about problems."
"You bet your burlwood bookcase," Harry said. "To dodge that silly $10,000 rule, I advise county bigwigs to buy their fine furniture in $9,000 pieces. In fact, we have a little saying around here: Nine is fine, ten is trouble."
"Seems pretty sneaky," I said.
Harry Ha.s.sock rolled his eyes. "Next thing, you"ll be asking why Sergio doesn"t pay for this stuff out of his own pocket."
"Why not? He makes $99,500 a year."
Harry sighed impatiently. "What the public fails to understand is that in order for government to function smoothly, it must function in comfort. Comfort requires fine furniture."
Harry climbed off his desk, descended a rosewood stepladder and sat next to me on a $9,999 ottoman. "The more comfortable your government is, the more efficient it will be," he said earnestly. "Simply stated: Government needs a soft place to put its tush."