ᐅ Construction Defects – Damage Control?

Created on: 9 Feb 2020 20:19
L
Laurasstern
Good evening,
as the title says, our new build (shell construction) was completely botched in autumn 2018 and now needs to be repaired. In the course of this renovation, we are considering changes to the staircase (which should be carried out by a third party).

1. In June 2019, the basement was flooded with nearly 50 cm (20 inches) of groundwater in the solid concrete basement for about 2 weeks.
2. Bricks not laid according to Wienerberger guidelines (instead of thin-bed mortar, 5 mm (0.2 inches) or wider joints).
3. Flat roof was executed incorrectly – tapered insulation not installed according to the installation plan and then cut afterwards to create a slope.
4. Basement was excavated over 50 cm (20 inches) too shallow – consequence: the house is too high according to the allotment garden law and is not consolidated.

Suing the company is not an option – costs for legal proceedings would be enormous and lengthy – lasting for years – and the company could file for bankruptcy at any time. The result would be that we would still be stuck with the court costs. We have already consulted six construction law attorneys. We cannot afford to demolish and rebuild the house, although we will always be uncertain about water leakage in the basement. We live near a river, and high groundwater is a recurring issue every spring after the snow melt. We are completely desperate.

The building authority does not help: despite the clearly wrong height. According to a new submission plan by the construction company, it is supposedly approved, even though it is clearly too high (according to recent surveying by a certified surveying office). It all sounds like a bad movie, but it is true.

The defects became apparent starting in summer 2019, and since then we have had an expert involved.

Our only option is to play along and reach a consensus with the construction company. We have already paid about 250,000 EUR (approximately) for the shell construction.

The floor plan is an external dimension of 8.3 m x 6.15 m (27.2 ft x 20.2 ft).
The staircase from the ground floor to the basement is about 4 m (13 ft) long and 1.3 m (4 ft 3 in) wide, very uncomfortable concrete steps. (26 cm (10 inches) tread, 18 cm (7 inches) riser).

We are considering hiring an architect again to change the staircase to possibly a 2 x 2 m (6.5 ft x 6.5 ft) half-turn or slightly rotated. We have no joy with the whole house anymore. The stair width should also be a maximum of 90 cm (3 ft), not 130 cm (4 ft 3 in).

On one short side there is a 4 m (13 ft) kitchen and a 1.5 m (5 ft) WC. Then the dining area faces the long side and the living area is there. There would be a 3 x 2.2 m (9.8 ft x 7.2 ft) lift-and-slide door on the other short side.

In the middle of this whole mess, doubts arise about the floor plan and the staircase. We have two schoolchildren and a toddler and wanted to be living in the house since last autumn.

Sorry for the long post. I can only upload the plan next week.
Please share your opinions on changing the staircase (this would involve demolition of the existing one and widening but shortening the stairwell).
B
Baufie
10 Feb 2020 20:29
The self-proclaimed "forum architect" has recently been using a harsh tone more often.

The man is extremely busy at work, the woman at home with three children. That is quite demanding, and just from reading about it, I doubt one can reach a professional level of expertise...

The whole situation has turned out more than unfortunate.
A
apokolok
10 Feb 2020 20:32
Crazy story, somehow very Austrian.
Have I understood correctly that it has been clarified where the water entered the basement?
Then I assume it can be successfully fixed.
As the client, I would want to get the allowed height confirmed in writing and officially from the authority.
I’m not quite ready to believe it otherwise.
It is already quite an unusual exception that residential houses are even allowed on allotment garden land.
This is only the case in Vienna, Austria. The whole situation is obviously connected with extremely strict (if not outright crazy) restrictions.
For example, the 50cm² (540 sq ft) buildable area.
And now they want to suddenly allow 50cm (20 inches) more in height?
Don’t get me wrong, this is not meant to be sarcasm. I wish you well and also believe that things will turn out positively. At least the construction company still seems willing to communicate and work.
First, make sure the permit / planning permission is fully clarified, then let the builders get started on the renovation.
kaho67410 Feb 2020 20:37
Baufie schrieb:

The self-proclaimed "forum architect" has been using an inappropriate tone quite often lately.
Honestly, I strongly object to that. I have never called myself that and never will, because I am not.
B
Bookstar
10 Feb 2020 20:39
kaho674 schrieb:

That’s why it says, "I know how it should be," because I researched it beforehand when I’m spending more than 250,000 (about 250K) to know what I’m getting.

How often has this so-called "builder" constructed a basement like this? Does he have experience? Have you spoken with other customers of the company? Was he able to provide references?

The issue with the stairs is conveniently ignored by the original poster in their explanations. And in the end, it’s now blamed on work stress and the kids? Apparently it doesn’t affect the poorest—someone like me would be bankrupt and have to file for personal bankruptcy. But that’s exactly why something like this wouldn’t happen to me. I’m too poor to rely on others with such amounts of money.

Well, ifs and buts don’t help—now the damage is done. Of course, we’ll help you with advice if we can. But the crucial details are still missing. So, I’m not entirely clear on the goal of this thread.

I never thought I’d say this here. But a post like that is really out of line!
kaho67410 Feb 2020 20:40
Bookstar schrieb:

I never thought I would say this here, but that kind of comment is really out of line!

Why?
B
Bookstar
10 Feb 2020 20:45
kaho674 schrieb:

why?
It has nothing to do with being poor or rich. When you hire a professional service, you can expect the work to be carried out properly by a qualified company. As a layperson, just doing some Googling and then speculating about surveying and basement construction isn’t really productive. Sure, getting an expert opinion is always possible, but as far as I understand, the craftsmen were carefully chosen and yet everything still went terribly wrong. Playing Monday-morning quarterback afterwards is like predicting last Saturday’s lottery numbers on the following Sunday—unnecessary, pointless, and arrogant.