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).
H
haydee
14 Feb 2020 09:50
Well, I hope the frustration will be forgotten sooner than the pain.

@Laurasstern
Approach the defect correction systematically as described above.
After that, get some help. Finding, coordinating, and scheduling the remaining trades takes time, and having expert knowledge is definitely an advantage.
Don’t share your budget here or with negotiation partners; that’s something only you should know.
When will the building authority decide whether the basement is approved as is? That seems to be the biggest hurdle.
kaho67414 Feb 2020 09:51
neubau2019 schrieb:

That’s nonsense... Not everyone has family around who can take care of the kids, and most people have to work full-time just to afford a house!

Yes, almost everyone. And the rest of the time you spend on the construction site. That’s normal.
neubau2019 schrieb:

And if there’s nothing available in the existing housing stock, do I have to keep renting because of that??

Or move further away, yes.
neubau2019 schrieb:

Rarely have I read such nonsense.

Same here.
The alternative is what the original poster is going through here. Is that any better?
neubau2019 schrieb:

Of course, building a house requires a lot of time, but you can always fall flat on your face...

Now that’s what I call nonsense.
G
guckuck2
14 Feb 2020 10:09
Building a house is a project with a duration of at least 2 years and has priority 1 during this time for at least one of the parties involved. This role is called the client. You do not give up this role to the general contractor just because you have signed a contract, and especially not in the case of individual trade contracting.

Buy a developer property or an existing building if building is not affordable.
N
neubau2019
14 Feb 2020 10:15
kaho674 schrieb:

Yes, almost everyone. And the rest of the time you’re on the construction site. That’s normal.

I agree with you, the rest of the time you are on the construction site.
kaho674 schrieb:

Or move farther away, yes.

I don’t see it that way, it always depends on the circumstances.
kaho674 schrieb:

Same here.
The alternative is what happened to the original poster here. Is that better now?

Of course that’s not better, but it could have happened with different circumstances as well, or with the right company it could have gone smoothly.
kaho674 schrieb:

That’s what I call nonsense.

I see it differently. Even with an expert or spending a lot of time on site, something can still go wrong... As a layperson, you really have to be lucky to work with the right people.
B
Baufie
14 Feb 2020 15:32
kaho674 schrieb:

Grandma, aunts, friends, nanny to name the most common ones.
I find this philosophy ridiculous. Either you have the time to build a house or you don’t, and then you have to look at what’s available on the market. You can’t build a house on the side unless you are Rockefeller. And hoping someone else will be paid to do it and it will just work out is like playing the lottery. You only get lucky very rarely.

What’s missing here is any kind of structure. Even in this thread, it’s just complete chaos. You need a clear breakdown:

- What damages are there? Make a list!
- Who caused what? Document it!
- Who is willing to fix it? Can this be renegotiated?
- What do the solutions look like and who can carry them out?
- What else needs to be done before moving in?
- How much money is still available and how is it allocated?
- A new schedule with deadlines for the contractors and someone to oversee it
- Payment only after approval by an expert inspector

Endless complaining, hoping, and waiting for the responsible party to admit their mistake is nonsense. Document it, get written confirmation from an expert, and then look ahead.

Such nonsense—lately I really don’t know what to say about your posts. Is there bad atmosphere at home that you need to vent here or what’s wrong?

Three kids, your husband fully employed, and stress at work. But your comments about the consequences as if it reflects the situation at the OP’s home: some people really don’t have the time to manage their construction project, let alone the expertise. And don’t give me the nonsense about just reading up on it.

Of course you can build a house on the side and you don’t have to be Rockefeller for that. If you have a good general contractor, you don’t need to worry about anything. Period. Seen it several times in my circle of friends.

What kind of structure do you want? Are you expecting the OP to provide you here with a detailed list of all defects? Sorry, but such a demand is completely out of line.
kaho67414 Feb 2020 15:52
Baufie schrieb:

But according to your statements, this is what the situation looks like at the OP’s home.

Is that a sentence? What are you trying to say?
Baufie schrieb:

Some people really don’t have the time to manage their construction project, let alone the expertise. And don’t come at me now with that nonsense about just researching it.

Then I can’t build a house.
Baufie schrieb:

Of course you can build a house alongside other things, and you don’t have to be Rockefeller for that. If you have a good general contractor (GC), you don’t have to worry about anything. Period. Seen it multiple times in my circle of friends.

Yes, you can be lucky or unlucky. Word of mouth is really valuable in that regard. Otherwise, you need enough money to cover the bad luck. If things go wrong, what’s your solution then?
Baufie schrieb:

What kind of structure do you want? Are you expecting the OP to provide you with a list of all defects here? Sorry, but that kind of demand is totally out of line.

Yes, but what else is the OP supposed to do here? Just complain a little? Sure, a plan is needed to solve the problem. But as far as I’m concerned, she can complain a bit more if it helps.