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Lance Jolly
09-20-2011, 10:17 PM
Hello all,

I would certainly appreciate some advice on a problem I'm facing.

Issue: I am in the process of having a home built. The builder used a post-tension foundation with footings. A crack developed within the first week. (I suppose this is not unusual, based on other posts I've read.) it concerned us, but the builder said it was normal and proceeded to begin framing the house as soon as the foundation dried. By the time the engineering team tightened the cables (about 20 days later), the crack had widened to about 1/8 inch. After tightening, the crack closed pretty well and there were no apparent issues at that time.

Fast foward three months in the middle of the worst drought in recent history. The back right corner room in the house (just beyond the crack) is now sagging about two inches low. The proposed solution is to use jacks to level this part of the house.


Questions:

1) Is there a reasonable possibility that the builder (or sub) may be liable for these repairs OR was this simply an issue of the ground shifting, which would not be under his control?
2) Since no other area of the house seems to have a problem, how comfortable should I be after these repairs are made?

The estimated cost to repair is $5-6k.

Sorry about the long post. I'm trying to stay calm about this, but it's not easy.

Thanks in advance for any advice.

Regards,
Lance

Marc M
09-20-2011, 11:30 PM
Picture?
Place a ball point pen or other object near the crack(s) for perspective.

Garry Sorrells
09-21-2011, 04:10 AM
Lance,
Your best answer may be invest in a good structural engineer. His report will be something that you, if needed, can use to mitigate the liability if there is any. Also, more valuable in court than many other opinions.

Ken Amelin
09-21-2011, 04:29 AM
Lance,

Most states keep the builder "on the hook" for a least one year after purchase.

I believe the builder IS responsible for the repair AND any repairs should be in accordance with industry standards AND the repairs should be permanent.

My advice -

- Hire a lawyer.
- Get your own expert opinion of what the problem is.
- Get your own expert opinion of what the fix is.
- Either:

1. Have the building repaired by your builder in accordance with your own expert's solution (Monitored and inspected by your own expert engineer or inspector)
2. Collect the funds from the builder and repair it using your own contractor (supervised and inspected by your own expert inspector)
I don't recommend you have any verbal communication regarding the fix or any agreement with your builder. Do it all in writing through your lawyer.

You shouldn't let the builder force you or hurry you into any solution or fix until you are confident that the end result will give you a sound and safe home.

You should also check with the town to determine if an additional permit and inspections by local authorities is required for this work.

If you take the proper steps the work will be completed satisfactorily
Good luck.

Lance Jolly
09-21-2011, 07:26 PM
Marc, Ken and Garry,

Thanks very much for your advice and quick response. It was all very helpful to me.

Quick update:

1) I'm out of town on business, so my wife took several pictures of the crack. This was very timely advice, because they are laying the flooring. If I had a copy of a photo, I'd post it here. At least I have what I need now.

2). Good news. My builder called and said that although he doesn't believe he's responsible for the foundation issue, he will cover the cost to repair it. It sounds like I may not have to go the legal route to get him to fix it. However, I am collecting documents from the concrete folks, the post-tension company and the pier company to provide to a lawyer. I do want to make sure it is fixed correctly, so I am lining up an inspector to check everything. I've talked with an engineer and a home inspector.

I will keep all of your advice in mind as this situation plays out.

Thanks again for your assistance!

Lance

Gunnar Alquist
09-21-2011, 09:03 PM
2). Good news. My builder called and said that although he doesn't believe he's responsible for the foundation issue, he will cover the cost to repair it.

Lance,

I had to laugh at that one. In California (and I assume the rest of the U.S.), the contractor is responsible for the quality of all parts of the construction. That is what he is paid for. Whether or not it was in his control is immaterial.

From what I understand, OK has a lot of expansive clay soils and may require additional measures to ensure that the soil does not heave or contract excessively, leading to further cracked/settled areas of the foundation. As has been already said, I recommend that you get a licensed structural engineer to look at the current conditions and the repair to ensure that it is adequate, or to design appropriate repairs.

Scott Patterson
09-22-2011, 05:55 AM
Marc, Ken and Garry,

Thanks very much for your advice and quick response. It was all very helpful to me.

Quick update:

1) I'm out of town on business, so my wife took several pictures of the crack. This was very timely advice, because they are laying the flooring. If I had a copy of a photo, I'd post it here. At least I have what I need now.

2). Good news. My builder called and said that although he doesn't believe he's responsible for the foundation issue, he will cover the cost to repair it. It sounds like I may not have to go the legal route to get him to fix it. However, I am collecting documents from the concrete folks, the post-tension company and the pier company to provide to a lawyer. I do want to make sure it is fixed correctly, so I am lining up an inspector to check everything. I've talked with an engineer and a home inspector.

I will keep all of your advice in mind as this situation plays out.

Thanks again for your assistance!

Lance

OK, let me see if I understand this.... The home you are posting about is not even complete and it has a failed foundation?

My experience with foundation repairs on post tension slabs is that they are seldom if ever stabilized to the point that they will not move in the future. If the house has dropped 2" you have a pretty significant problem. If you have not closed on the home and the builder still owns it, I would be looking for another place to live. Would you buy a "New" and pay a new car price if that car had fallen off the delivery truck, crushed its roof but they repaired it so it looks like new?

Garry Sorrells
09-22-2011, 08:16 AM
Lance,
Before you get any further along you need to get the foundation inspected before any repairs. To cover yourself for the future get a detailed and documented structural report from a good qualified engineer.

A fix today can just be a repair tomorrow. $5,000 today can be $15,000 in 14 months