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).
A
apokolok
10 Feb 2020 20:46
Come on @kaho674
You’re usually not this insensitive.
That comment was unnecessarily harsh. Of course, obviously the client also dropped the ball, but topics like cellar heights and waterproofing are really not easy for non-professionals.
You’re not @HilfeHilfe, so he can keep that tone to himself.

Regarding the architect’s comment: don’t let it get to you, we all agree that your designs are a real asset to the forum.
kaho67410 Feb 2020 20:48
Bookstar schrieb:

Hindsight criticism is like predicting Saturday’s lottery numbers on the following Sunday. Pointless, unnecessary, and arrogant.

Yes, you’re right, it’s too late now and complaining afterwards doesn’t help. I’m just shocked by that kind of naivety. No wonder companies take advantage of people and things fall apart.

And since the details aren’t shared here, I wonder if the original poster at least now understands what really happened?
B
Bookstar
10 Feb 2020 20:52
Yes, we had done a lot of research, but we also showed a certain degree of trust. Unfortunately, that became our downfall during the construction. But honestly, some (family) businesses in their third generation, run by very likable owners, can sometimes make you forget—with their smooth talk—that the risk of serious construction defects is just as real there! I wouldn’t have believed it if I hadn’t experienced it myself. It hurts, toughens you up, and leaves you richer in experience.
S
Snowy36
11 Feb 2020 07:47
Just by reading and doing a bit of research online, you still don't really know exactly how to build a basement; otherwise, anyone who has read a book could become a construction supervisor.
H
haydee
11 Feb 2020 08:18
Have you involved a building surveyor in addition to lawyers?
Are you not using an architect as the site manager?
G
guckuck2
11 Feb 2020 08:19
haydee schrieb:

Don’t you have an architect as the construction manager?

In Austria, this role is typically fulfilled by a so-called Baumeister.