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
hampshire
10 Feb 2020 13:35
That sounds extreme. Is there a trade association/mediation board/ombudsman/chamber that can help before taking legal action?
kaho67410 Feb 2020 14:22
Putting the chaos aside, what exactly is so terrible about the staircase? An 18cm (7 inch) rise is very comfortable, and a 26cm (10 inch) tread, with an overhang, results in a pleasant 28cm (11 inch) depth. However, I would really like to see how you plan to fit a 4-meter (13 foot) long staircase into such a tiny house.

You’re clearly aware early on that it won’t fit. Removing a concrete staircase is going to be quite a challenge. Then there are the ceiling openings to redo — so how far along is the construction exactly? Is there already a reinforced concrete ceiling that you now intend to cut through?

For this entire mess, you spent 10 years planning just to end up with a major botch job. Now you want a different staircase, and you’re standing in a construction site with three kids? Sorry, but I can hardly feel sympathetic.
L
Laurasstern
10 Feb 2020 14:59
Wugler1978 schrieb:

What does the construction company say? Suing is always the last resort. You have a warranty, and the shell builder should be allowed to fix the issues first.

The problem, unfortunately, is that you have to enforce the warranty through legal action... In principle, they say they want to carry out repairs. However, we have not yet determined how the repairs should be done. We have to wait for approval from the building authority / planning permission office.

The issue is that the company might aim for the cheapest repair, which isn’t necessarily the safest option for us. Unfortunately, suing is almost pointless because the company could declare bankruptcy at any time. That would mean additional court and lawyer fees for us.
L
Laurasstern
10 Feb 2020 15:33
nordanney schrieb:

Where are you building?

What are you building? That’s only 45 sq meters (480 sq ft) of interior space (if even that).

... in this house?

That should actually be the cost of the entire house. Your problem is not poor workmanship, but that you were completely overcharged.

Don’t forget the 80 sq meters (860 sq ft) unfinished basement...
B
Bookstar
10 Feb 2020 15:33
Zaba12 schrieb:

A colleague built a concrete basement 10 years ago and now, for the past 3 months, there has been water leakage in the basement. It’s really frustrating — you build it watertight and then this happens.

@Zaba12 How can something like this be explained? Why do problems only appear after 10 years?
L
Laurasstern
10 Feb 2020 15:39
kaho674 schrieb:

Putting the chaos aside, what exactly is so terrible about the staircase? An 18cm (7 inches) rise is very comfortable, and a 26cm (10 inches) tread length with an overhang becomes a convenient 28cm (11 inches). However, I’d like to see how you fit a 4-meter (13 feet) long staircase into such a dollhouse.

You’re already considering that it won’t fit. Removing a concrete staircase will be quite a challenge. Plus, new ceiling openings—so how far along is the construction exactly? Is there already a reinforced concrete ceiling you plan to cut through?

For this entire mess, you spent 10 years thinking only to end up with a major botch job. Now you want a different staircase and you’re facing a construction site with three kids? Sorry, but my sympathy is limited.

Thank you for your kind comment.
Unfortunately, we ended up choosing the wrong company. We did check, but in our excitement to finally start building, we were apparently careless. Would you expect a builder to mismeasure the height by 53cm (21 inches)?

I don’t understand your comment—is that schadenfreude? Our biggest mistake was not hiring an independent building inspector and paying the invoices based on the construction progress. The groundwater appeared when the basement and shell construction had already been standing for 8 months. How could that have been foreseen?