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).
Z
Zaba12
11 Feb 2020 08:35
The builder is the structural contractor or general contractor in Austria (AT).
G
guckuck2
11 Feb 2020 08:46
Zaba12 schrieb:

In Austria, the Baumeister is the structural builder or general contractor.

No. In Austria, Baumeister is a protected professional title. They are allowed to design, calculate structural engineering, estimate costs, and manage the construction. Compared to Germany, they are somewhat like a practicing architect, distinguishing them from purely office-based planners. Maybe closer to a civil engineer.

Where this role is positioned varies, similar to Germany. If you build with a general contractor, they will have a Baumeister; if you build in separate trades, you will have one.
S
Scout
11 Feb 2020 08:51

1. In June 2019, there was almost 50 cm (20 inches) of groundwater standing in the dense concrete basement for over two weeks.
2. Bricks were not laid according to the Wienerberger guidelines (instead of thin-bed mortar, joints of 5 mm (0.2 inches) or more).
3. Flat roof was improperly constructed – the tapered insulation was not installed according to the installation plan and was later cut to create the slope.
4. Basement excavation was more than 50 cm (20 inches) too shallow – as a result, the house is too high according to the allotment garden law. Not consolidated.

1. Are you really certain it was groundwater? Why is there no standing water now, what has changed? What does the expert advise?

2. So what? At worst, you might have thermal bridges. Is there going to be an external thermal insulation composite system (ETICS) applied? Or do you have justified concerns about the structural integrity?

3. What exactly is your concern here?

4. That’s really unfortunate. What does the expert recommend? Could it be an option to propose to the authorities to slightly raise the terrain level from the street side so that the maximum height above ground level is not exceeded? This might prevent a precedent that neighbors could refer to.
B
Bookstar
11 Feb 2020 20:17
Bookstar schrieb:

@Zaba12 How can something like this be explained? Why do problems only appear after 10 years?
Could you explain that again?
Z
Zaba12
11 Feb 2020 20:25
I don’t know the details. The waterproof concrete basement has started leaking after 10 years. I’m also wondering how that’s possible—this is exactly why you build a waterproof concrete basement, to have peace of mind for decades.

But the colleague had to pump out several liters daily at one point. Everything is ruined downstairs. Now, something is supposed to be injected or sealed from the inside somewhere.
H
haydee
11 Feb 2020 20:29
Then the builder should have noticed the mistakes, especially since they were hired by the original poster.

What do the builder and the expert say?