Family fears home could collapse after county missed building code violations

A Chatham County family says their dream home was built so poorly, they’ve been told by structural engineers it would be better to tear it down and rebuild rather than repair it.

Error after error the builder made was missed by county inspectors. But no one has taken accountability for the mistakes.

Jake and Anita Muehlbach told 5 On Your Side this home was supposed to be the home their girls would grow up in.

"This is close to where I grew up," Jake Muehlbach said while sitting on his front porch.

The family went with Lindley Builders, Inc. to design and construct the home in 2020. Shortly after moving in, they started noticing problems.

Lindley Builders, Inc. is based in Pittsboro, Chatham County, NC. Lindley Construction is based in Ramseur, Randolph County, NC. Lindley Construction is not involved in this home build or report.

When the 5 On Your Side team was at the home, floors were bowed and uneven, sheetrock was cracked, cabinets were pulling away from the ceiling, and doors would not latch. All those issues are symptoms of a bigger problem.

"These load-bearing walls aren’t supported," Jake Muehlbach said, pointing out three different walls in the downstairs of his home.

The structural problems are so severe, Jake and Anita Muehlbach said they’ve been told by engineers that the house isn’t worth fixing.

"They’ve all been confident, ‘oh, I can fix it’; and by the time I get half way through this tour they’re all like ‘yea, you’re probably better off tearing down and starting over," Jake Muehlbach said.

There’s also concern that the home could suffer a structural failure.

"We fear failure is gonna happen. Hopefully my family isn’t in the house when it does," Jake Muehlbach told 5 on Your Side.

Approximately 30 code violations were missed by Chatham County Building Inspector Daniel Gunter. He was later relieved of his duties by the county, and his inspector certifications were blocked by the state.

"We paid them for these inspections, but what did we receive for our money? It surely wasn’t competent inspections," Muehlbach said.

He asked the county for help, but while exchanging emails with officials he says an email from the County’s Director of Permitting and Inspections, David Camp, was accidentally forwarded to him. It read: "The framing issues appear to be fairly serious and this was done recently. Obviously be careful of anything you say to the homeowner."

In a screengrab of another email, Camp says "[Muehlbach] keeps asking if his home is safe – what I can do is write him back and state as of the date that Larry investigated his home that he did not feel his home was unsafe – meaning that failure was not considered imminent or extremely likely to occur soon (weeks). I would also add that his home is likely to become unsafe prior to the expected useful age of the structure if the structural repairs are not done."

"It sounds like the inspections department thinks a structural failure is a possibility too," Jake Muehlbach told 5 on Your Side about those emails.

Muehlbach says he repeatedly asked Lindley Builders, Inc. to make repairs, but after months of not getting anywhere he sued the builder and the county. In March, a judge ruled that Lindley Builders, Inc. breached the contract and warranty, and awarded the Muehlbachs $225,000. They haven’t gotten any of that money.

As for the county, the judge granted them governmental immunity.

"Nobody, nobody has taken responsibility," Muehlbach said.

5 On Your Side called and emailed multiple Chatham County officials involved in this as well as every member of the county board of commissioners. The only thing 5 on Your Side received was this statement from County Manager Dan LaMontagne:

"While we greatly empathize with the Muehlbach family and what they have endured in this situation, the NC Courts found that Chatham County is not legally responsible and therefore, dismissed the county from the lawsuit. The Courts ultimately ruled in favor of the Muehlbachs against Lindley Builders, Inc."

The county has not responded to follow-up questions.

"Why are we the only ones who are not protected in all this?" Anita Muehlbach questioned.

The Muehlbachs have done everything they can think of. They appealed to every possible agency, oversight board and insurance company that they thought might be able to help.

"I feel like we have been failed by the system at every step of the way," Jake Muehlbach said. "Every day I pull in this yard, and I see this house that we’ve spent our life savings on. It makes me sick to my stomach, and there's no light at the end of the tunnel that we can see to get this resolved right now."

Muehlbach filed a complaint with the North Carolina Licensing Board for General Contractors, and 5 On Your Side has learned the board will hold a hearing about this incident later this year.

The Muehlbachs have two estimates to repair their home, both are approximately $500,000. They told 5 on Your Side they can’t afford that. They’re hoping that judgment money comes through, but it would only be a fraction of the cost of repairs and all the legal fees that have piled up for this family. They started a GoFundMe page with a friend to try and help with some of the costs.

5 On Your Side did reach the owner of Lindley Builders, Inc., Jeremy Lindley, on the phone. He claimed the problems aren’t that bad and estimated repairs would cost $50,000. That was similar to a claim he had someone testify to during the civil trial, but the Muehlbachs' engineer also testified that the repairs Lindley’s side proposed would not fix the structural issues.

Frustrated after years of fighting, the Muehlbachs made a YouTube video detailing everything that’s happened, calling for accountability and warning anyone else who may choose to build in rapidly growing Chatham County.

The 16-minute video has gotten more than 14,000 views and dozens of comments in just two weeks.