Settled on new construction 4/7/06; builder rep said water in basement at walk through due to "pressure washing"; 4/21 faxed punch list stating crack in foundation letting water into basement; mid May contacted builder rep again & bilco door rep came by to drill in foundation & inject epoxy; dry for awhile then water again from same spot; sump pump runs constantly; faxed/emaied builder again with pictures 6/28; rep comes to house 6/29 & says will get foundation guy to look at (he never did); 7/6 found mold growing on belongings & basement steps to 1st floor; 7/7 builder rep says "a little mold is normal & he cleans it up; learn a neighbor who moved in mid-May has same problem 10x worse; builder "may" install french drain but won't fix foundation or pay for mold clean-up.
2006-07-09 08:22:57 · 8 answers · asked by Frustrated new home owner 2 in Home & Garden ➔ Maintenance & Repairs
I would contact an attorney. You would be surprised what a strongly worded letter from a attorney will do. Will probably cost you $150 for the letter but in the long run it will be money well spent.
2006-07-09 08:26:55 · answer #1 · answered by Anonymous · 0⤊ 2⤋
One thing to consider is that you own property that has a high water table level. Your neighbor is also experiencing issues. You mention that your sump pump is running constantly yet you still have moisture getting in. So, your builder knew that there would be moisture issues, and you too possibly, and things were done to try to prevent/remedy the problem. Remember, your foundation walls are water proofed, but your basement floor is not. Is the crack or former crack the only place where water is coming in? Also, check to make sure ground water issues weren't addressed (specifically or generally) by either the builder or local government.
Of course, you don't want water in your basement and you don't want things getting moldy. With concrete there only a few things you know for sure. One is that it will crack. With the moisture you describe, there are measures that should have been taken or will have to be taken to remedy the problem. One of those sounds like the French Drain you mentioned. But, if that had been installed in the first place you would have had to pay for it in the price of the home. That doesn't remove the responsibility that a builder has to anticipate or know what issues will occur in the house. The expertise the builder has or should have isn't eliminated due to unforseen issues. Houses settle and age from the time they are constructed and you will have issues pop up and evolve throughout the time you own the home.
You have been in your home for three months and the builder seems to be working with you. I have had sub-contractors take three months to get back on warranty items. The builder wants you to be happy with your home so that they can maintain their reputation and sell more homes.
I would suggest that you continue to work with you builder. Help them do what they can.
If you are going to go with lawyers as others have mentioned, be prepared to go all in. A letter won't do you any good. If the builder is of any size, they will have a lawyer they work with and have probably dealt with this in the past.
Good luck.
2006-07-09 16:19:26 · answer #2 · answered by Don K 3 · 0⤊ 0⤋
The builder has provided you a one year warranty whether he admits it or not. He needs to fix the problem! If he does not want to fix the problem... you go to court and take pictures.
If it is under the maximum for small claims court, then go there. Every small claim that is filed with the builder shows up on public record. Most builders would rather fix the problem than have small claims showing on their public record. Also, the builder has to fight his own battle in small claims, no one can bring a lawyer.
I have fixed many problems that builders have left behind. The bad thing is, that by the time the owner brought me in to fix the problem, the one year warranty was over and/or the problem had grown and cost a lot more than if it had been handled quickly. Don't wait, be a thorn in the builders side until he fixes the problem.
Good Luck
2006-07-09 16:11:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Besides an attorney, find their bonding agent, insurance, concrete and earth compactor contractor anyone involved with that project and start raising hell to make their life miserable and be persistent. Continue to make phone calls, phone calls, phone calls, but never cuss, just direct. Everyone has a boss and nobody wants that boss to know his/her poor performance. Ask for compaction reports, the cement mix docs. It can go on. Get with all neighbors. If he is still selling in your area hang a sign. good luck
2006-07-09 16:00:50 · answer #4 · answered by StayBeZe 4 · 0⤊ 0⤋
I can suggest three contacts to make, first an attorney, then your mortgage company (they don't like to loan money on defective property) , third the local building commissioner. All three of these contacts should be willing to jump in on this contractor and force him to replace the foundation or the entire home, or at least get you out of the house completely.
2006-07-09 15:41:55 · answer #5 · answered by uncle bob 4 · 0⤊ 0⤋
This should fall under your state's building codes. What you're talking about has become an issue. Contact your state building code people.
2006-07-09 15:39:32 · answer #6 · answered by oldman 7 · 0⤊ 0⤋
Finally...a good reason for the existence of a lawyer! That's one, and counting.....
2006-07-09 15:37:43 · answer #7 · answered by Don 6 · 0⤊ 0⤋
this guy is a shame to the trades, get a lawyer and sue his socks off.
2006-07-09 16:04:05 · answer #8 · answered by ? 5 · 0⤊ 0⤋