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).
kaho67410 Feb 2020 16:03
Surely the builder’s major failure is partly to blame. But if I’m having a waterproof basement built where I know I will have to live, I stand next to the basement contractor and ask exactly how it will be constructed because I know how it should be done. We were at the construction site every evening and asked questions whenever we had doubts. Where were you?

It is true that the height is hard to judge for a layperson. But the problem was solved, right? The change was approved.

And you didn’t even look at the floor plan? Or how else do you explain wanting to tear out the stairs now?
L
Laurasstern
10 Feb 2020 18:13
My husband works a lot and unfortunately was under enormous stress at his company right when the construction started. He is an engineer with a doctoral degree, but in a different field. I stay at home with our three children. I was frequently present during the excavation and even filmed the pouring of the foundation slab. I was also there when the basement and the house walls were being built. Everything seemed fine. We were also familiar with the theoretical basics. We had spent years studying the local small garden law.

Yes – our mistake was not double-checking the measurements and trusting the builder. Before construction, the site was surveyed by a sworn civil engineering office. This report was forwarded to the construction company and the architect, and the architect incorporated the building heights into the construction plans or passed them on to the builder. When you cannot build or supervise the work yourself due to time constraints, you assume that a certified construction company knows what they are doing.
L
Laurasstern
10 Feb 2020 18:16
Unfortunately, it was a combination of circumstances. In hindsight, even we can’t fully understand it ourselves. How are you supposed to precisely measure the survey points from the construction supervisor and determine if they fit?
L
Laurasstern
10 Feb 2020 19:52
Lumpi,
we have a loss of 250,000 EUR.
A five-figure amount would at best be 99,000 EUR.
Loss: 151,000 EUR.
No reason, no house, 9 years of loan repayments for nothing, or paying off the loan quickly with tens of thousands of EUR in penalties to the bank...

I don’t think that is a serious option.

It took us about half a year to realize that renovation and getting approval from the authorities is the only reasonable option.

Although we actually don’t want this—because we are taking a big risk regarding leaks in the basement, incorrect building height (our site and the height relative to the neighbors is quite different than planned). But if we finish, we can expect a sale price several times higher. However, we don’t want to sell. We have 3 children.

Such small gardens with 300 m² (3,230 sq ft) in Vienna with good transport connections or in the green belt are sold without buildings for ownership prices between 300,000 and 400,000 EUR.

With a basement plus house (80 + 50 + 50 + possibly 50 m² (540 sq ft) roof terrace) the price ranges between 500,000 and 700,000 EUR or more.

Our neighbor thought about selling her house about 2 years ago: not freehold land but leasehold, only 50 m² (540 sq ft) basement + 35 m² (375 sq ft) ground floor + 35 m² (375 sq ft) upper floor, and she wanted 450,000 EUR. The house has a mansard roof, meaning little usable space in the upper floor, is only 5 meters (16 ft) high, and is 20 years old. She had a grandchild but decided to keep the house after all.
S
Snowy36
10 Feb 2020 20:00
kaho674 schrieb:

Of course, the builder is also largely to blame. But if I’m having a basement built as a dwelling space, and I know I have to live in it, I stand right next to the basement builder and ask exactly how it will be constructed, and I know how it should be done. We were at the construction site every evening and asked questions whenever necessary. Where were you?

It is true that it’s hard for a layperson to judge the height. But the problem was solved, right? The change was approved.

And you didn’t even look at the floor plan? Why else would you now want to tear out the stairs?

Huh, what good does it do to stand there if you don’t actually understand anything?

If anything, you could have guessed that there might have been an expert involved... But there are many who call themselves experts but actually have no clue, so that doesn’t make you any wiser either.
kaho67410 Feb 2020 20:19
Snowy36 schrieb:

What’s the point of standing next to it if you don’t know anything about it???

That’s why it says: "I know how it should be," because I do my homework beforehand when I’m spending more than 250,000 (about 250K) on something, so I know what I’m getting for it.

How many times has the so-called "builder" actually built a basement like that? Do they have experience with it? Have you talked to other clients of the company? Could they provide references?

The OP conveniently leaves out the stair issue in their explanations. And in the end, it’s now blamed on stress from work and the children? Apparently, it doesn’t affect those who are worse off – someone like me would be bankrupt and have to file for personal bankruptcy. But that’s exactly why something like this wouldn’t happen to me. I’m too poor to rely on others when such amounts of money are involved.

Well, ifs and buts don’t help now – the damage is done. Of course, we’ll help you with advice if we can. But the crucial details are still missing. So I’m not quite sure what the purpose of this thread is.