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
Bookstar
14 Feb 2020 18:46
There are people who have everything handed to them in life and act accordingly; maybe they don’t mean any harm, but they probably just aren’t used to anything else. We had to manage the entire house construction completely on our own while working two full-time jobs and taking care of children. When I read remarks like that, it really gets my blood pressure up.
Pinky030114 Feb 2020 18:49
Baufie schrieb:

Based on the number of your posts and the times of the day

It’s interesting how people can guess someone’s job just from the times they post. Just as a side note: I work shifts, so my neighbors probably think I’m unemployed, but I actually have a full-time job. This whole discussion is pointless.
kaho67414 Feb 2020 21:24
Pinky0301 schrieb:

This discussion is nonsense.
This is probably the most reasonable comment in the entire thread.

The conversation is drifting off-topic, but before any rumors start: it’s no secret that I am self-employed and run an online shop, which is naturally why I am online all day. I work from 8 a.m. to 6 p.m. Monday through Friday, and yes, I have to pay off my house myself.

Of course, I hope for a positive outcome for the original poster as well. In the end, people here form opinions based on tiny details that may turn out to be completely different. Personally, I get the impression that in this case, the homebuyers’ trust was quite strong, and therefore some responsibility for the situation cannot be ruled out.
P
Pierre
15 Feb 2020 06:52
Phew, by now you can almost put your popcorn next to the keyboard.
Please don’t get me wrong, there are problems and little issues. On top of that, there are also various custom solutions.
P
Pinkiponk
15 Feb 2020 08:40
Pierre schrieb:

...
Well, at least now we're reading something from you. This is the first time I've seen your name. (But I've only been here for a few months myself.)
Y
ypg
15 Feb 2020 10:04
Baufie schrieb:

If you have a good general contractor, you don’t have to worry about anything. Period. I’ve seen this multiple times among friends.

However, the general trend is mostly towards low-budget building combined with hopes that everything goes well, plus using experts, which I find too expensive… there are savings everywhere.
Something similar might have happened here.
Laurasstern schrieb:

Having an expert during the construction phase PLUS a site manager are already major additional costs.

But sometimes they are necessary. For basement or hillside construction, I would always use an expert.
Laurasstern schrieb:

My husband works a lot and, unfortunately, had enormous stress at the company right at the start of construction. He himself is a qualified technician with a doctoral degree – but in a different field. And I am at home with 3 children. I was present during the excavation several times, I recorded video while the foundation slab was being poured, and also during the raising of the basement and the house. Everything seemed fine. We were also familiar with the theoretical basics. We had spent years studying the local small garden law.

The timing with your husband was really unfortunate. It helps a lot if, as an employed client, you can negotiate some flexibility with your boss so you can occasionally visit the site briefly.
You managed to get involved well despite having children.
Unfortunately, though, you only dealt with the laws…
neubau2019 schrieb:

Do you have children yourself? Do you have a full-time job? Not everyone is lucky enough to take two years off because they are building a house… Normal life still goes on!

No, exactly not.
Normal life reaches a phase where everyone has to cooperate and step out of their usual routine at home.
This phase is manageable. But there are also people who hide behind their children.
Laurasstern schrieb:

And unfortunately, not everyone can be there – due to 50-hour work weeks. Or WHERE would our 3 children be if I were on site 8 hours daily? WHO would look after them?


Your middle name must be “exaggeration”!
Nobody is talking about 8 hours. But after work, checking measurements and such should be a given. You can even bring the kids along.
Laurasstern schrieb:

Yes – our mistake was not measuring ourselves and trusting the builder. Before construction, the property was surveyed by a sworn civil engineering office.


It is what it is now. Look forward, as advised here.
That’s also my advice.
Make plans for how to proceed, possibly with an independent professional.
I can’t imagine stairs at 1.30 meters (4 feet 3 inches). So no advice from me.

This is a good example that even after long planning, things can turn out badly.
As a layperson, you inevitably focus only on some aspects because you simply don’t have the overview to consider and check everything.