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Re: builder negligence - house settlingFrom: info@builderswebsource.com
Category: Structural
Remote Name: 63.198.181.43
Date: 06 Sep 2002
Time: 10:24 PM
CommentsWe empathize with your situation and can offer the following advice. First, ground movement or settling can be due to many factors. The hillside you're on could have a fracture or other geotechnical condition that's causing portions of the ground to slip. Or, the overall hillside could be fine, but the top soil is settling, possibly because it wasn't compacted properly after the excavation for your foundation. It's hard to know without hiring a geotechnical or soils engineer to take ground samples or review city maps of your area. However, one thing is clear. Anytime you build a home (especially on a hillside), you must hire a geotechnical/soils engineering company to survey the property, drill samples, and attempt to identify any signs or history of landslides or soild movement. Without this information, you simply cannot engineer a proper foundation. For example, many homes in expensive areas around Los Angeles have experienced settling or landslides. Remedies include massive retaining walls (sometimes costing several hundred thousand dollars), or foundations with drilled concrete piers that go deep into the hillside. It all depends on the soil and other factors. Then, during construction, it's essential to provide proper compaction of the soil to prevent future settling, as well as drainage, to prevent undermining of the foundation due to groundwater and/or runnoff and landscaping irrigation. All of these factors come into play when a home is "engineered" for the conditions. It's possible to design your way around just about any condition, so long as you understand what you're up against...and you have the budget to pay for the reinforcements necessary. It's fair to say that your home should not be settling. And you shouldn't be seeing large cracks or offsets in your basement, your driveway, or your foundation. These are very serious signs of a potentially dangerous situation and we strongly urge you to consult first with your local city (who may have information about previous issues in your area), as well as a specialized geotechnical engineering firm. As to whether your builder has any responsibility depends on many factors. If the builder did not perform proper engineering tests or prepare the soil properly for a hillside foundation, you may have a case, although the statute of limitations may be long past. Also, even if you did sue your builder and win, you still have to collect, which may be impossible depending on the financial condition of your builder. So, we first recommend that you invest some time and money in professional consultants who can evaluate your condition. If the problem is pervasive, which is sounds like it is, you could have some expensive repairs on your hands. Depending on the value of the home, the costs to repair such a condition may outweigh the benefits. However, if you're home's value is significantly greater than the costs to repair, and assuming you like the area and want to remain there, then doing the necessary engineering work to shore up your property may be worth it. You may also have some recourse against the real estate company that sold you the property if there was prior knowledge of a geotechnical condition that was not disclosed. But as you know, legal fights are long, expensive, and often it's the lawyers that come out on top. So before you go this route, do your homework and get professional advice. Then you'll be armed with a lot more knowledge that can direct which path you pursue. Please keep us posted on this one. Builders Websource.
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