What's wrong here?

[CA]

Hi Folks,
Look like this is the closet group that I can ask. I live in Southern California and I am having a foundation problem that the contructor said it wasn't his fault. Four year ago the house where I live right now (purchased 6 months ago) had the foundation lifted using under pinning. I don't have the report for the cause but from I remember it was saying under pinning would be the solution. The owner at that time sold the house to a buyer then this buyer sold it to me. I knew of the repair but decided to buy the house since it had 10 year warranty. However since living everyday in the house I didn't fell right about the floor and called the original contractor to look at the house. With a monomemter he concluded that more than a quater of the floor has been down since last reading he had after he did the under-pinning with a maximum difference up to 1.7 inch. He said he was paid to raised the foundation using under-pinning and he did poured 'slurry' into the voids under the footing and the slab created when the house was raised. I just don't understand why but anyone not in the building industry can have a question: you raised the house, inserted the pins into the ground, attached the fotting to the pins, filled the void with slurry, 4 years later more than quarter of the house's sunk and he said that it is not his fault. Let say that there is no earth movement, no water leak, no sewer leak causing the house sunk. To fix that I must have all furniture out, my family with 2 little toddlers move to a motel and live there at least 3 weeks at my expenses plus cost of the laminate floor must be removed and reinstalled after the fix done. The fix he is proposing to me is having 3 to 4 concrete beams in the middle and pour new slab with me paying the cost. He said that the slab moved down pulling one corner of the house down causing the pins attached to the footing moved down! I know in a dispute like this negotiation is always first thing to do but he is saying he has nothing wrong and I don't have a firm ground to prove he is at fault. I am thinking of hiring another constructor specializing in leveling the house to prove that the job that he did failed. Usually if I can have 1, or 2 other constructors saying that he did a bad job would he fix it at his expenses + compensate my expenses of moving out and fixing the damages caused by his bad job (windows, doors, floor)? ........... My gosh I am lost here and don't know what to ask! OK, a friend told me that if nobody is at fault (the contractor, the original engineer, the earth movement) and the job failed, I can sue the city! It sounds ridiculous but he said the city issued the permit and approved the repair then now the city is responsible! It maybe the pins not deep enough, the pressure when the slurry pumped not enough,etc.,

Please help me out of here. What is the right way to do now? Lawyer would be my last solution. I will pay to fix the house IF it has nothing to do with the original under pinning job. But it doesn't sound right when the constructor said it wasn't his fault causing the house sunk now.

[roger g]

Looks like you have a problem! I'm not sure if this is going to help or hinder you but I'll ask away. Was it lifted AND underpinned or just underpinned? Big difference. Who decided it should be underpinned and how? The contractor could be right if he was contracted to do a certain job and that's what he did. Whether he did it right depends on his instructions and who's instructions they were. What has the local building inspector got to say about this? What about other houses in the area? What has your home warranty people got to say about all this? Gee, lots of questions.
I hate to say this but I've seen this before and it is not pleasant. The financial strain and the emotional strain can be devastating. In the years it might take to win, you could lose everything including your job and your marriage. I've seen it happen. You win the battle but lost the war.
Do what you have to do but be VERY AWARE of the total cost. A financial hit may be the cheapest hit in the long run.


Roger

[Rich]

Just a couple more thoughts to think about. You've already talked to the contractor who performed the work - but have you talked to the engineer who designed it? If the contractor installed per an engineered plan then he's really not at fault and you'll have to go to the engineer for liability.
Now if the contractor designed it on the seat of his truck then he is liable. Something you won't find in a law book is the ultimate responsibility in this type of situation is the original designer is most often liable. It becomes a life safety issue also which plays in your favor.
I hate seeing anyone sue another person - but if it comes to that make sure you are covered with the issues above.

[CA]

Roger,

The house was lifted and underpinned. I think the owner hired the contractor then the contractor pulled the engineer to work on the house with him since I know they are working together for years. I had the feeling from beginning that the engineer was the one at fault because he did the soil test and proposed the repair. So I called the engineer first and he said he'd done this type of job many years and never failed. He said that maybe the pins just needed some adjustment so he asked me to call the contractor. Since then the contractor is the only one that I talk to. I don't have a copy of the first report after soil test done (not included when the house was sold) which mentioned the cause and how to fix. However the contractor showed me the report and read that the fix would be determined by the home owner and the contractor. He said that the owner and he determined the fix and no one would know what happens today. It just confused me: can the owner choose a cheapest way to fix and the contractor + engineer both go ahead to fix it even they know it's isn't enough to support the house 5 years later! This is not a $5K car that the owner just wants the mechanic to fix it enough to run for few months then sale the car. This a $500K house in California... Anyway I heard some houses in the area have similar problem but not as bad as mine so no one bother to fix. I contacted the city and one inspector said it is a problem b/w home owner and contractor, if I want I can sue the contractor! Look like they just point the finger at others. Home warranty doesn't cover this kind of problem unless it is a pipe leak causing the slab sunk. Well I may have to pay to fix just kind of buying a piece of peace in my mind and not to loose the war. Is it fair that I must pay for someone's mistake? No wonder construction is no. 1 the consumers not happy with because they can't afford the cost to go to the end of the legal battle or because of the complications to find out whose fault. Thx for your input.

Rich,

As I mentioned above I talked to the engineer first time then he asked to talk to the contractor. If the contractor took the whole job from the owner and the engineer did his job as sub-contractor then can I talk to him directly or I have to talk to the contractor? He will be the one working with the contractor to figure out a fix for the house that I will have to pay from my pocket. The contractor said the engineer already working on the house so he knows it better than others and he may not charge me this time! If I decide to blame the engineer for the original job do I need to hire one (or two) engineer(s) to prove that it was his fault? I heard it costs $5K - $10K to have an engineer for this kind of job. Look like I have a loose - loose situation here. Thanks.

:-( :cry: