Homeowner's new deck raises safety concerns

After spending thousands of dollars on a new deck an Omaha homeowner is afraid to entertain friends and family. Experts have told this 72-year-old widow it’s poorly constructed, but the general contractor says it’s not his fault.

Joyce Bires’ new deck extension is just weeks old, but she says her confidence in its safety is shaken.

"No footings under these,” Joyce said.

Joyce paid Sewell Landscaping $8,000 with about $5,000 for a deck addition.

"I'm worried about it falling down and having to pay to have a whole new deck built which will cost me more,” she told Six on Your Side.

She points to several reasons why she's concerned: floor joists without brackets below and uneven floor boards above. Handrails pop up and a stair post isn’t anchored down. A tall support for the two story deck isn't on solid footing. Many parts of her new deck concern Joyce, but particularly a gap between the stairs and a header that is already starting to pull away.

General Contractor John Sewell says "I try to do a good job. I'm trying to run an honest business.”

Sewell said the deck was handled by a subcontractor, Caballeros Construction. Six on Your Side called the subcontractor.

“Was you work up to code?” asked Mike McKnight.

"Mostly yeah,” the contractor replied.

On the business card Joyce has general contractor Sewell Landscaping claims to be Better Business Bureau accredited. The Bureau President Jim Hegarty says that lapsed in December, two months before Joyce picked up the card at the home show.

"It’s very important that even though somebody presents a business card that says they're BBB accredited to call us and check their business review,” said Hegarty.

Sewell says use of the logo is unintentional and he's tried to get it removed from the contractor’s website, but the handler has the password.

"We'll do everything in our power to get this resolved for you,” Hegarty said.

Both the general and subcontractor have offered to make the deck right.

"I really don't want him to come back,” Joyce said.

Joyce wants a reasonable refund to pay for other hands on deck.

Anyone planning a big project should see what WOWT’s Mike McKnight uncovered after Omaha's chief of codes was called in. His inspection of Joyce’s deck is a real eye opener and shows the need for permits and licensing.

The builder of the deck addition didn't pull a required permit and Omaha's Chief of Code Enforcement Jay Davis says that's a safety concern.

"It wouldn't have passed inspection with us anyway,” Davis said.

Joyce said she paid about $5,000 to Sewell Landscape. John Sewell isn't a licensed general contractor.

"You are required by the City of Omaha to have a license to work in the city to build decks, to build houses to build anything,” said Davis.

"I didn't know I needed a license. It’s an honest mistake,” said Sewell.

Sewell says a subcontractor who is licensed, Caballeros Construction did the work. That sub says he expected the general contractor to get a permit.

Davis found numerous code violations on Joyce’s deck.

"It’s cut too short and pulling out,” said Davis. "That could tip in time in fact it looks like it’s tipping already."

He said the lack of good footings on the two story deck is most troublesome.

"If you had a lot of people on here, the movement of it the new part I would be very concerned,” Davis said.

"I'm at just a loss because it’s all a mess,” Joyce said.

Joyce says tearing down the deck addition and starting over may be the only way she can relax.