Hello dear experts and members,
a continuous crack has appeared on the exterior facade of our newly built house (developer purchase). Since communication with the developer is now only through a lawyer, I would like to ask for your opinion on possible causes for such a crack. If, in your objective view, this might be a serious defect, I will commission an expert report.
Thank you very much for your efforts and have a nice weekend
Melusine









a continuous crack has appeared on the exterior facade of our newly built house (developer purchase). Since communication with the developer is now only through a lawyer, I would like to ask for your opinion on possible causes for such a crack. If, in your objective view, this might be a serious defect, I will commission an expert report.
Thank you very much for your efforts and have a nice weekend
Melusine
K
karliseppel13 Oct 2012 20:03Hello building expert,
when it comes to a basement inside the thermal building envelope and a monolithic exterior wall structure, I really can’t think of any other option than to have the masonry extend beyond the wall...
Please clarify for me.
You’re definitely right about that,
Someone who feels qualified for this... in this country, that could basically be anyone authorized to submit building applications. Different professions exist depending on the federal state. But the profession alone doesn’t guarantee that someone is competent in their field. Maybe someone in your circle knows an independent construction supervising engineer or similar.
What will be important is to cross-check everything with the contractual agreements. What if there is no "general contractor," but the basement, for example, was commissioned by someone else on behalf of the client... and then a "house" was added on top? Then things look very different. (By the way... judging from the pictures, this looks exactly like that.)
- Sand-lime brick
when it comes to a basement inside the thermal building envelope and a monolithic exterior wall structure, I really can’t think of any other option than to have the masonry extend beyond the wall...
Please clarify for me.
Relying on the internet is like betting on the weather forecast
You’re definitely right about that,
but I don’t understand “under no circumstances hire an architect”.
Someone who feels qualified for this... in this country, that could basically be anyone authorized to submit building applications. Different professions exist depending on the federal state. But the profession alone doesn’t guarantee that someone is competent in their field. Maybe someone in your circle knows an independent construction supervising engineer or similar.
What will be important is to cross-check everything with the contractual agreements. What if there is no "general contractor," but the basement, for example, was commissioned by someone else on behalf of the client... and then a "house" was added on top? Then things look very different. (By the way... judging from the pictures, this looks exactly like that.)
- Sand-lime brick
B
Bauexperte14 Oct 2012 02:33Hello,
If you search Google for "building surveyor" or "building expert," you will find many results, including the website of the Federal Association of German Building Surveyors. In its subcategories, you will find numerous experts who have specialized in specific construction defects over the course of their careers. Since 2010, the DEA has been building a similar expert directory; consumer advice centers also maintain good contacts with experts—not few of their staff belong to this profession themselves.
There is a reason there are specialists for various types of defects. Since they must continually update their knowledge in their respective fields, they are always up to date. Therefore, regarding the original poster’s issue, it is only logical to recommend an expert specializing in masonry.
Kind regards
karliseppel schrieb:I have repeatedly read through the posts by "Melusine"; I cannot find any reference to a basement. I can now also open the pictures from the initial post, and the insulation shown there (whatever material was used) looks to me more like the insulation of the thermal envelope. Of course, I could be mistaken...
Please clarify for me
karliseppel schrieb:An architect – unless they also happen to offer site supervision – generally knows about the major errors during construction; usually, over the years, they have established themselves more as designers. When it comes to questions about construction defects, in my opinion, they are no longer the first choice for analysis and evaluation.
but I don’t understand that.
If you search Google for "building surveyor" or "building expert," you will find many results, including the website of the Federal Association of German Building Surveyors. In its subcategories, you will find numerous experts who have specialized in specific construction defects over the course of their careers. Since 2010, the DEA has been building a similar expert directory; consumer advice centers also maintain good contacts with experts—not few of their staff belong to this profession themselves.
There is a reason there are specialists for various types of defects. Since they must continually update their knowledge in their respective fields, they are always up to date. Therefore, regarding the original poster’s issue, it is only logical to recommend an expert specializing in masonry.
Kind regards
K
karliseppel14 Oct 2012 10:22Bauexperte schrieb:
I can now also open the pictures from the original post, and the insulation installed there (whatever material was used) looks to me more like the insulation from the building permit. Of course, I could be mistaken ...In picture 1, this conclusion seems very likely. I agree with you. It’s very unlikely that there is a basement installed as poorly as this perimeter insulation is applied here; maybe the original poster can comment on this again.
Then the question of contract arrangements increasingly comes into focus. It might become important to determine who is responsible for this faulty waterproofing and who was supposed to define the applicable load case—or who failed to do so because they wanted to avoid commissioning the soil investigation report.
But without Melusine’s information, nothing will move forward here...
Hello everyone,
We are dealing with a developer who is also the architect and a state-certified expert for sound and thermal insulation.
So, we purchased everything “from a single source,” including the plot of land.
The insulation you see there was added later because our semi-detached neighbor complained about its absence. However, it wasn’t applied continuously since our garage was already built at that time.
There is no soil survey, or at least no current one, as the developer acquired the land from the housing association and had the existing multi-family building on it demolished. The developer refuses to provide documents related to structural engineering, claiming they are his intellectual property. The site is flat, with the groundwater level at 2.5 to 3 meters (8 to 10 feet). The surveyor mentioned that the foundation slab might need to be tested for water penetration resistance or something similar.
We don’t have a basement, which is fortunate because in the houses opposite us, the basements are flooded. (“I only allow construction with a waterproof concrete shell, so nothing can possibly happen,” said the developer.)
There were also savings made on the compressible sealing strips... When we pointed this out to the developer, he said that couldn’t be true. The next day, the small cracks in the plaster around the window sill profiles, etc., had been thickly painted over with white paint.
According to the notarized contract, the house was supposed to be completed by January 2012, but this is still not the case. After I reported some defects, mainly concerning the heating system and sanitary installations, the developer stopped all work. He said we complain too much and now we are responsible for coordinating all appointments and work. He claims he does not have to pay damages because we are to blame for further delays.
We are considering whether to withdraw from the contract—i.e., contract termination and damages instead of performance. However, the developer also excludes this, saying he has always behaved correctly.
I know that is not the case... I mention this only to get feedback from you on whether you would also consider this guy mentally unstable or if I am the only paranoid one here.
I have checked the latest financial statements; bankruptcy of the developer is not expected for the time being, but unfortunately, private bankruptcy for my family might be.
We also have a lawyer, but a family friend... as I said, we are broke...
Best regards
We are dealing with a developer who is also the architect and a state-certified expert for sound and thermal insulation.
So, we purchased everything “from a single source,” including the plot of land.
The insulation you see there was added later because our semi-detached neighbor complained about its absence. However, it wasn’t applied continuously since our garage was already built at that time.
There is no soil survey, or at least no current one, as the developer acquired the land from the housing association and had the existing multi-family building on it demolished. The developer refuses to provide documents related to structural engineering, claiming they are his intellectual property. The site is flat, with the groundwater level at 2.5 to 3 meters (8 to 10 feet). The surveyor mentioned that the foundation slab might need to be tested for water penetration resistance or something similar.
We don’t have a basement, which is fortunate because in the houses opposite us, the basements are flooded. (“I only allow construction with a waterproof concrete shell, so nothing can possibly happen,” said the developer.)
There were also savings made on the compressible sealing strips... When we pointed this out to the developer, he said that couldn’t be true. The next day, the small cracks in the plaster around the window sill profiles, etc., had been thickly painted over with white paint.
According to the notarized contract, the house was supposed to be completed by January 2012, but this is still not the case. After I reported some defects, mainly concerning the heating system and sanitary installations, the developer stopped all work. He said we complain too much and now we are responsible for coordinating all appointments and work. He claims he does not have to pay damages because we are to blame for further delays.
We are considering whether to withdraw from the contract—i.e., contract termination and damages instead of performance. However, the developer also excludes this, saying he has always behaved correctly.
I know that is not the case... I mention this only to get feedback from you on whether you would also consider this guy mentally unstable or if I am the only paranoid one here.
I have checked the latest financial statements; bankruptcy of the developer is not expected for the time being, but unfortunately, private bankruptcy for my family might be.
We also have a lawyer, but a family friend... as I said, we are broke...
Best regards
K
karliseppel15 Oct 2012 08:37Hello Melusine,
I can understand your frustration.
However, at this point, your only option is to address the specific issues properly.
As mentioned before, someone should inspect the "crack" on-site to determine its cause.
Whether it’s a crack or moisture intrusion, the repair will not be simple, especially considering the attached garage.
I can understand your frustration.
However, at this point, your only option is to address the specific issues properly.
As mentioned before, someone should inspect the "crack" on-site to determine its cause.
Whether it’s a crack or moisture intrusion, the repair will not be simple, especially considering the attached garage.
Hello again and thank you for the quick reply.
The expert I mentioned in my previous post was “taken over” from the neighbors. They had sent a defect notice to the builder based on the expert’s report. After that, the drama began. The builder, who had previously been very easygoing and communicative, began to obstruct us and even locked out our semi-detached house partners from the property, so they could not complete their own work on time, causing the move-in date to be delayed. A total of six semi-detached houses were built, and none of the completion deadlines have been met so far. My family and I are the only ones who have not had the final inspection completed. The builder tried to pressure us and now claims that there was an implied taking of possession, but I was able to refute this in writing.
Our lawyer wanted to initiate a legal evidence preservation procedure and had contacted the neighbors’ expert for this purpose. I myself went to the building authority and obtained the documents that had not suddenly disappeared without a trace.
Unfortunately, the expert was on vacation and said he would get in touch as soon as he returned.
It’s not as if we only recently became active. I had already sent the first defect notice with a deadline extension to the builder back in February, the second in May, and now the lawyer has issued a third deadline... which also passed without anything happening. The builder wants to financially bleed us dry, and I would really like to hit this guy when I see him driving past grinning in his new Porsche, tanned from tanning beds. We are practically neighbors; he lives diagonally across from us.
I will now approach another expert, far outside our town, because no one here is willing to work against this builder.
I hope that we can at least recover part of the money quickly. Nobody really wants the house anymore, we no longer enjoy it, and we will neither build nor buy a house again. Dreams of small families are destroyed so quickly. This person has made 12 families very sad and considerably poorer in total.
A private message to Bauexperte will be sent shortly... if you know a reliable expert in North Rhine-Westphalia (NRW) who works quickly and is completely objective and incorruptible, please let me know.
Thank you very much and best regards
Melusine
The expert I mentioned in my previous post was “taken over” from the neighbors. They had sent a defect notice to the builder based on the expert’s report. After that, the drama began. The builder, who had previously been very easygoing and communicative, began to obstruct us and even locked out our semi-detached house partners from the property, so they could not complete their own work on time, causing the move-in date to be delayed. A total of six semi-detached houses were built, and none of the completion deadlines have been met so far. My family and I are the only ones who have not had the final inspection completed. The builder tried to pressure us and now claims that there was an implied taking of possession, but I was able to refute this in writing.
Our lawyer wanted to initiate a legal evidence preservation procedure and had contacted the neighbors’ expert for this purpose. I myself went to the building authority and obtained the documents that had not suddenly disappeared without a trace.
Unfortunately, the expert was on vacation and said he would get in touch as soon as he returned.
It’s not as if we only recently became active. I had already sent the first defect notice with a deadline extension to the builder back in February, the second in May, and now the lawyer has issued a third deadline... which also passed without anything happening. The builder wants to financially bleed us dry, and I would really like to hit this guy when I see him driving past grinning in his new Porsche, tanned from tanning beds. We are practically neighbors; he lives diagonally across from us.
I will now approach another expert, far outside our town, because no one here is willing to work against this builder.
I hope that we can at least recover part of the money quickly. Nobody really wants the house anymore, we no longer enjoy it, and we will neither build nor buy a house again. Dreams of small families are destroyed so quickly. This person has made 12 families very sad and considerably poorer in total.
A private message to Bauexperte will be sent shortly... if you know a reliable expert in North Rhine-Westphalia (NRW) who works quickly and is completely objective and incorruptible, please let me know.
Thank you very much and best regards
Melusine
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