Foundation Problems - Need Help!

[cokedeb]

Several neighbors in our subdivision have had numerous foundation problems. My next door neighbor is having to pay a $50,000 bill because their home has fallen 2". The foundation is cracked and the walls and ceilings are cracked.

In looking at the home before the ram jack people jack the foundation up - there is no rebar, no re-enforcement!

Can anyone tell me if this is defective, a fault of the contractor, a fault of the developer, etc. Any help would be greatly appreciated. If our neighbors are having these problems, chances are we will soon be faced with the same problems. We would love to be able to help them as well as prepare ourselves.

Thanks!

[Rich]

Typically the contractor installs what an engineer tells them is acceptable. I would find the construction drawings and find out about the engineer and what exactly he specified. If they didn't put the rebar into the foundation and it was specified then it's the contractors fault.
Now let's talk candidly - if the contractor didn't put any rebar into the foundation he should have his license revoked and never be allowed to build again. I don't care what the engineer said.
Was there ever a soils report done on the property? Is there expansive soils which is a typical cause for foundation failure.

[cokedeb]

Dear Rich.
Thank you for your help! I am not sure about a soil report, but I do know there is no rebar. These are 2 story homes and most everyone in the neighborhood is having problems. My understanding is that in the building codes for Tennessee, rebar is required.
Thanks again and if you can help with building codes, or if we have a case against the builder, etc., we would greatly appreciate it!

[Rich]

I'm no lawyer - but I do know some law. Contract law has language that no matter what a contract says the builder is required to build to minimum industry standards. You may want to go to the building department and pull the old permits and see if the foundation inspection was done - if it was done they will have someone's signature on the permit. You can go to that person and ask wtf is up. Anywa,l in my opinion, minimum industry standards requires rebar. You don't even see sidewalks without some type of rebar, fiber mesh, or welded wire mesh.

[Dano]

Rich, our contracts always state that if variations occur between jurisdiction/local codes to that of the specification, the more strigent shall apply, of course we do commercial office buildings. Standard contract language should have an "errors and omission" clause which gives the owner protection after warranty period, etc, if something like that is found. I have had to utilize it more often than I care too.

[Rich]

We have similar language in our contracts. I am also in the large commercial ($100million and above) realm. Although the current project is a home for our CEO.. haha.
I've had to call in on one errors and omissions policy for a mechanical engineer.

[Dano]

The MEP designers always cover their tail......they will do the redesign at no additional cost but if you don't catch the error in time........the fix can be quite pricey..........That's one reason they always oversize, especially in the mechanical areas......some even put in a 50% "fudge" factor to cover the "Opps"....If I don't catch it in my design review.....there is a price in comfort as a result.....(I guess I should be doing alot of these stories in the "Horror" Forum..Huh?)

[Rich]

The one we had was a direct result of them overdesigning. Couple that with a fault in their sequence of operations and it caved in a 3 story 18 gauge wall with supports every 4'. It ended up drawing a negative 11" of pressure. Sucked the whole wall right into the bottom of it. Was pretty impressive.

[Dano]

LOL..Now that's one I will have to repeat..last time I saw something like that was in a federal building in DC (State Dept, I think) but it involved ductwork...this unit (AHU) was around 120K cfm and the return duct had actually sucked itself in on itself...due to Govt maintenance (GSA) never changing the air filters...it had at least 1 1/2" of dirt on the coil face...but that fan kept trying to delivery..I did federal Contracts for about 12 years and let me tell you some stories........Ever wonder why our taxes are so high........