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).
L
ltenzer
15 Feb 2020 10:22
ypg schrieb:

But of course, it goes without saying to double-check everything after work, etc. You can also take the kids along.

That really depends on their ages. We have two daughters, the youngest is 7 months old and constantly crying unless she is being carried. The older one is 2 years and 9 months old, loves exploring and climbing on everything.

I find it hard to imagine entering a shell construction site alone with both of them, where there are numerous unsecured edges and fall hazards, and still having free hands and enough attention to take measurements. Not to mention if a third child in a similarly vulnerable age were added.
Y
ypg
15 Feb 2020 10:51
As already mentioned, @Itenzer
Building a house is not something a family member can opt out of.
Ideally, flexible working hours and no children or previous building experience would be perfect, but that is rarely the case.
However, everyone has to be on board if a house is going to be built.
This is an agreement about how to manage things, starting from the initial planning phase.
And yes, (I believe this is what Katja means as well)
If someone says, “I can’t do it, I have children,” or “I can’t do it, I have to work,” then they should consider whether building a house fits their current life situation. And in that case, buying an existing property is certainly a valid option.
Ibdk1415 Feb 2020 11:23
I can only partially understand the objections. Construction supervision, if not handed over to an expert or someone else, is really difficult to manage with three children. I fully understand the original poster’s situation. Sometimes I had to load three whining kids into the car in the afternoon, drive 40km (25 miles) to the construction site for a short discussion with a tradesperson, then drive 40km (25 miles) back, quickly help with homework, and then take the children to sports practice. So deciding not to build was never an option. The existing properties in the area were terrible.

Whether Katja works full-time or not doesn’t really matter. I am now self-employed and can be online all day. I just have to work an extra hour in the evening if I’ve spent too much time reading the forum. This really should not be a topic for debate here.

Katja has already helped many users here open their eyes with her commitment and usually made good suggestions. They seem to appreciate that as well. My criticism is not directed against her personally but only concerns a somewhat unfortunate statement she made.

I think we all agree that having good external construction supervision would have made things run more smoothly. If only!
P
Pinkiponk
15 Feb 2020 12:33
Basically, I believe that people who work well, reliably, responsibly, and professionally—whether as employees, homemakers, parents, or self-employed—simply assume that others do the same, since they operate in similar environments. That’s why I understand LaurasStern very well, even though I cannot assess the situation in Austria.

I only learned here in the forum that the construction industry seems to be different (I have yet to read a convincing explanation for this) and have adjusted our building plans accordingly. At least one of us will be present on site every day, sometimes during working hours and sometimes outside of working hours.

If I hadn’t read so much here in the forum, I would have just let our construction proceed. I have always resisted the basic attitude that only I do a great job and everyone else must be supervised by me because otherwise nothing works. For this project, I will probably have to lower my expectations of myself.
L
Laurasstern
15 Feb 2020 12:48
Pinkiponk schrieb:

Unfortunately, I can’t offer you expert advice, but I am thinking of you and your family and want to reassure you, as an older woman, that once you are settled in the house, the troubles will soon be forgotten and you will feel great. It is very fortunate that you were able to get this plot of land, and building a house almost always involves some difficulties. You are experiencing a bit more right now, but fortunately, the problems are solvable. Maybe you can focus on the fact that you managed to secure an excellent plot in Vienna, which many others will envy you for.

It’s a bit like having children—the pain is quickly forgotten.


Thank you very much, Pinkiponk, for your sympathy and your thoughtful words. You are definitely right about having children.
H
haydee
15 Feb 2020 12:54
Visiting the construction site with children is not always easy. One toddler and one baby in a carrier should be manageable, but two toddlers can be difficult.
Still, it should be possible once or twice a day.
If you lack time and expertise, you need to hire additional services.