ᐅ Shell construction company builds basement smaller than in the approved building plans

Created on: 28 Jan 2023 21:18

Hello everyone,

A shell construction company was commissioned to build the basement with in-situ concrete according to the existing factory plan (14.0 x 6.66 m (46 ft x 21.8 ft)). However, the company missed the dimensions and built the basement about 4 cm (1.6 inches) smaller. This applies to both the exterior and interior measurements.

Dimensions according to factory plan
Target house width: 6.66 m (21.8 ft)
Target width of basement concrete walls exterior: 6.525 m (21.4 ft)
Target width of basement concrete walls interior: 6.025 m (19.8 ft)

Actual width of basement concrete walls exterior: 6.48 m (21.3 ft) (-0.04 m (-1.6 inches))
Actual width of basement concrete walls interior: 5.96 m (19.6 ft) (-0.06 m (-2.4 inches))

I measured myself using various tape measures and a laser distance meter.

What should be done in this situation?
Price reduction due to smaller total area? If so, how much? Are there any standard tables or guidelines for this?

It is especially unfortunate that the house was built smaller on the narrow side (maximum size restricted by the zoning/land-use plan), where every centimeter counts.
This also has consequences such as the possible need to adjust the factory plan (staircase, adjacent walls, support columns no longer fit).

Best regards

Cross-section of basement: concrete basement walls, interior dimension, sound insulation, waterproofing.

Allthewayup29 Jan 2023 21:50

#37

domino55 schrieb:

My expert measured the concrete cover. I specifically hired him for that and only that after I noticed the defects following the removal of the formwork from the basement walls. I did not commission a remediation plan.
The statement equating "a black tank with a white tank" was submitted by the construction company in response. It comes from some in-house structural engineer of the construction company (who did no calculations at my construction site).
However, construction is being carried out according to the architectural plans (shop drawings) I provided and the reinforcement plans/structural calculations (from "my" structural engineer).

Now things are becoming clearer.

Allow me to ask you directly why you did not clarify this in the original thread and essentially stopped communication there?

domino55 schrieb:

I expect the coverage of consequential costs (e.g., adjusting the execution plans) and a price reduction. I am interested in how much money this might involve (court rulings or similar).

For clarification: Your expert confirmed the defects but did not provide any assessment of how these defects might render the building unsuitable for the soil conditions? You should clarify this because what use is a basement for free if you end up using it as an indoor pool every year? Find out whether the basement is actually suitable or can be made suitable, and only after answering this should you consider compensation or possibly demolition instead.

domino55 schrieb:

He denied all issues during verbal discussions.
Only when shown the expert’s evidence (concrete cover) did he react and admit only those defects described by the expert.
He still denies dimensional deviations.

He will deny everything not presented by the expert. That is the reality, unfortunately. Regarding the measurements, if no significant disadvantages are expected, price reductions can be negotiated. However, this depends on resolving the other issue first.

Do you feel capable of handling this directly with the contractor without an expert (who covers both issues and potentially more)? Do you have legal protection insurance for homeowners? A consultation by phone with a specialized lawyer usually costs less than $200. If an expert confirms both defects, I would recommend involving an attorney, as only they can properly formalize your claims in legally binding terms.

domino5529 Jan 2023 22:30

#38

Allthewayup schrieb:
Allow me to ask you directly why you didn’t clarify this in the original thread and effectively stopped communication there?

My question in the thread about concrete cover was technical in nature: which repair method should be preferred. The answers went in a different direction.

Allthewayup schrieb:
Just to clarify: Your expert confirmed the defects but didn’t provide any assessment of how these defects affect the suitability of the building for the ground conditions? You should clear this up here, because what good is a basement for free if you end up using it as an indoor pool every year? Find out if the basement is even suitable or can be made suitable, and only after answering this question should you consider whether to claim damages or consider demolition.

The expert did not provide any written assessments but communicated that the basement can be repaired and that the builder should carry it out. An agreement on the appropriate method should be reached.
The basement can be made suitable. However, a black tank is inferior to the ordered white tank (less durable, etc.).
It is also smaller than ordered. Additionally, the wall facing the neighbor cannot be inspected or repaired from the outside.

Allthewayup schrieb:
He will deny everything that is not presented to him by the expert. That’s the reality, unfortunately. Regarding the dimensions, if no significant disadvantages are expected, price reductions could be discussed. But that depends on resolving the other issue.

Do you feel able to handle this directly with the builder without an expert (who covers both issues and maybe more)? Do you have builder’s legal protection insurance? A phone consultation with a specialized lawyer costs less than 200€. If an expert confirms both defects, I would also involve a lawyer who can put your claims into legally sound form.

I want to try to resolve this directly with the builder without an expert.
Does the burden of proof lie with him if I formally complain in writing? Or can he simply reply “no, the measurements are correct”? I want him to cover the cost of proof himself.

WilderSueden29 Jan 2023 22:43

#39

I see all the ingredients for a new poorly built house here. A construction company with no expertise and no quality control. A client who cuts costs in the wrong places, only hires an expert for already identified defects, and is reluctant to consult a specialist lawyer.

hanghaus202329 Jan 2023 22:44

#40

I’m asking whether you have already formally requested the basement contractor in writing to fix the defects with a deadline. It seems you are managing the site yourself, because otherwise the site manager would handle this.

Regarding the insufficient concrete cover, request a repair proposal from the basement contractor that ensures the equivalence of the components. I will ask again. What does the contractor owe according to the contract (e.g., waterproof concrete basement shell)?

If the dimensions deviate beyond the tolerances specified by the applicable standards (such as DIN), you or your site manager have failed in your inspection duties. As the client, you bear some shared responsibility.

Nevertheless, I would also ask the contractor for a proposal to correct the defects, recommending that they report the damage to their insurer.

If you have time for legal proceedings, make sure to consult a specialist construction lawyer. They should also be able to manage professional written communication. The contractor will not take you seriously if there is no solid basis.

If anything, only pay the basement partially and under reservation.

Tassimat29 Jan 2023 23:04

#41

domino55 schrieb:

I want to try to handle this directly with the shell builder without involving an expert.
Does the burden of proof lie with him if I officially submit a written complaint about something?

No, why would he have the burden of proof? And what exactly do you mean by "officially submitting a written complaint"? Then the shell builder will just say "sorry" and that will be it.

hanghaus2023 schrieb:

Formally requested the basement contractor in writing to fix the defects, setting a deadline.

That would be the bare minimum here. But then the shell builder will just do his paint job and call it done. Is that a proper solution? Nobody knows. He will refuse to enlarge the basement due to disproportionate costs.

domino55 schrieb:

I want to try to handle this directly with the shell builder without involving an expert.

Both threads should have made it clear that this is a really bad idea.
There is way too much money involved. And please don’t take it personally, but you are not presenting yourself well by thinking you can handle this on your own. Just your question about the burden of proof on the basement builder makes my hair stand on end. Once again, very clearly: consult an expert in construction matters to help find a solution.

hanghaus202329 Jan 2023 23:04

#42

domino55 schrieb:

I want to try to handle this directly with the shell builder without involving an expert. Is the burden of proof on them if I officially raise written complaints? Or can they simply respond with "no, the measurements are correct"? I want them to bear the costs of proving this themselves.

Measure the basement together with the construction manager or the foreman of the basement builder. During the handover, have the protocol counter-signed. Naturally, reject it due to defects. Announce the costs in advance and withhold payment. I would also deduct the costs for measuring the reinforcement placement from the contractor.

ᐅ Shell construction company builds basement smaller than in the approved building plans

Reaktionen