Hello,
We started building in January 2022 with an architect who was also responsible for the planning and construction management.
My wife and I were beginners when it came to house construction, so we had to rely on others.
The new building has been standing since around July 17, 2023, and we moved in on July 22.
Despite repeatedly requesting a waterproof concrete shell (white tank) due to the property being on a slope/hillside, this was never done.
My parents’ house is just two streets away, so I was familiar with the concept of a waterproof concrete shell.
The architect’s exact words:
“I have built several houses there, and it was never necessary.”
And even with a waterproof concrete shell, the current problem probably could not have been prevented.
We now experience water entering the basement through the side of the granny flat during very heavy rain. The walls are damp (Trotec moisture meter available), and mold and similar issues are starting to develop!
There is drainage on both sides of the granny flat side.
During the shell construction phase, I already had the basement flooded twice after heavy rainfall:
December 25, 2022, and January 16, 2023.
At the time, I repeatedly pointed out to please check the drainage system.
Anyone who has pumped out a basement (partially below ground level) twice knows what an enormous amount of work that is and will appreciate a submersible pump from that day on.
The architect, contractors, and others have unfortunately not been able to identify the exact cause, so it is not possible to determine which trade is responsible and must carry out the repair. This means we have to pay upfront again, and in the worst case, it might be a trade that does not have the money to fix the issue. We are three people, and our second child is on the way. If this continues, I fear we might have to declare personal bankruptcy in a few months and lose everything.
You borrow so much money to build a house and get a leaky basement as a thank you.
The worst part is that you can’t do anything yourself and feel completely powerless while the trades blame each other.
That’s the story of the new build.
I have not been able to enjoy the house for weeks and now deeply regret having built it.
I am open to any suggestions.
A leak detection company has already been on-site (at our expense) and only confirmed that water is coming in but could not determine how.
In other words, the cause remains unknown.
I have now reached a point where I do not rule out legal action if there is no other solution. We took out a ÖRAG homeowners insurance before construction began, as well as natural hazard insurance since we are on a slope/hillside.
We started building in January 2022 with an architect who was also responsible for the planning and construction management.
My wife and I were beginners when it came to house construction, so we had to rely on others.
The new building has been standing since around July 17, 2023, and we moved in on July 22.
Despite repeatedly requesting a waterproof concrete shell (white tank) due to the property being on a slope/hillside, this was never done.
My parents’ house is just two streets away, so I was familiar with the concept of a waterproof concrete shell.
The architect’s exact words:
“I have built several houses there, and it was never necessary.”
And even with a waterproof concrete shell, the current problem probably could not have been prevented.
We now experience water entering the basement through the side of the granny flat during very heavy rain. The walls are damp (Trotec moisture meter available), and mold and similar issues are starting to develop!
There is drainage on both sides of the granny flat side.
During the shell construction phase, I already had the basement flooded twice after heavy rainfall:
December 25, 2022, and January 16, 2023.
At the time, I repeatedly pointed out to please check the drainage system.
Anyone who has pumped out a basement (partially below ground level) twice knows what an enormous amount of work that is and will appreciate a submersible pump from that day on.
The architect, contractors, and others have unfortunately not been able to identify the exact cause, so it is not possible to determine which trade is responsible and must carry out the repair. This means we have to pay upfront again, and in the worst case, it might be a trade that does not have the money to fix the issue. We are three people, and our second child is on the way. If this continues, I fear we might have to declare personal bankruptcy in a few months and lose everything.
You borrow so much money to build a house and get a leaky basement as a thank you.
The worst part is that you can’t do anything yourself and feel completely powerless while the trades blame each other.
That’s the story of the new build.
I have not been able to enjoy the house for weeks and now deeply regret having built it.
I am open to any suggestions.
A leak detection company has already been on-site (at our expense) and only confirmed that water is coming in but could not determine how.
In other words, the cause remains unknown.
I have now reached a point where I do not rule out legal action if there is no other solution. We took out a ÖRAG homeowners insurance before construction began, as well as natural hazard insurance since we are on a slope/hillside.
Phoenix1985 schrieb:
And from above the hill, the rainwater flows down onto the property, and during heavy rain, the water accumulates up to above the edge of the basement apartment.Because every extra liter ends up in the basement? When planning the outdoor area, pay attention to where the water comes from and redirect it around the house toward the downhill side.
Every puddle in front of your house pushes water toward the basement.
H
hanghaus20239 Jan 2024 21:59Pictures of the house/basement/property are also quite helpful. You might want to ask the five neighbors where the architect built the same way if everything is fine with them. Why doesn’t the architect build what you want? The client is the one who decides. Now the architect is also responsible for the water inside the house. They should report the damage to the insurance company right away.
H
hanghaus20239 Jan 2024 22:08Phoenix1985 schrieb:
The landscaping is not finished yet, and rainwater flows down from the hill onto the property, and during heavy rain, water accumulates up to above the edge of the granny flat.
I need to check if I have a photo of it. Do the architect and builder really have no idea where the water is coming from?
Perhaps the outdoor area above the house should be carefully planned and constructed.
But most likely, the backfilling and drainage were also not done properly. Are there any photos of that?
A
Allthewayup9 Jan 2024 23:12I don’t understand your question here?!
You purchased legal expenses insurance for builders from ÖRAG at a high cost? Great! We did too, so I can tell you exactly how it works:
1. Call ÖRAG and request a coverage confirmation for an initial consultation with a specialized lawyer. This is exempt from the deductible!
2. After receiving this confirmation, schedule an appointment with a specialist lawyer referred by ÖRAG or choose one yourself.
3. Talk to the lawyer, who will ask targeted questions to understand the circumstances and then explain your legal position and options.
4. If a dispute arises, only the deductible applies. Legal costs are covered up to €100,000. An expert opinion will sooner or later be commissioned by the court, and ÖRAG will cover these costs as well.
I had this conversation myself, and I must say the lawyer was anything but confrontational—instead, extremely solution-oriented. That’s why, in our case, it didn’t escalate into a dispute but rather led to repairs, an extended warranty, an insurance bond, and compensation for depreciation :-€
If you did indeed hire the architect for planning, execution, and supervision, you are in a fortunate position to have two legal parties liable—the general contractor and the architect. Apparently, someone dropped the ball. It does seem strange to me that the architect shows so little enthusiasm in investigating the cause, even though they should be advocating for you.
Don’t let yourself be led by the nose but show some teeth—if only through your lawyer, an expert witness, or your legal expenses insurance. Otherwise, you’ll likely encounter deaf (and blind) ears here, based on what I’ve heard.
What may have helped us was that for every meeting with the general contractor after the damage became known, we placed the insurance service card on the cover of the folder and kept it visibly on the table. A general contractor can’t afford constant legal battles. Their own legal expenses insurance premium would eventually skyrocket. Knowing that you bear no risk for litigation costs might make them think twice before playing the “ignorant” role here. The same naturally applies to your architect. Someone clearly wants to take you for a fool, that’s the impression I get.
By the way, that was one of the reasons we didn’t involve an architect in our project. It just added another hand to feed and still didn’t prevent major trouble. I have absolutely no faith in the general contractor + architect combination—if the former is being used here?!
You purchased legal expenses insurance for builders from ÖRAG at a high cost? Great! We did too, so I can tell you exactly how it works:
1. Call ÖRAG and request a coverage confirmation for an initial consultation with a specialized lawyer. This is exempt from the deductible!
2. After receiving this confirmation, schedule an appointment with a specialist lawyer referred by ÖRAG or choose one yourself.
3. Talk to the lawyer, who will ask targeted questions to understand the circumstances and then explain your legal position and options.
4. If a dispute arises, only the deductible applies. Legal costs are covered up to €100,000. An expert opinion will sooner or later be commissioned by the court, and ÖRAG will cover these costs as well.
I had this conversation myself, and I must say the lawyer was anything but confrontational—instead, extremely solution-oriented. That’s why, in our case, it didn’t escalate into a dispute but rather led to repairs, an extended warranty, an insurance bond, and compensation for depreciation :-€
If you did indeed hire the architect for planning, execution, and supervision, you are in a fortunate position to have two legal parties liable—the general contractor and the architect. Apparently, someone dropped the ball. It does seem strange to me that the architect shows so little enthusiasm in investigating the cause, even though they should be advocating for you.
Don’t let yourself be led by the nose but show some teeth—if only through your lawyer, an expert witness, or your legal expenses insurance. Otherwise, you’ll likely encounter deaf (and blind) ears here, based on what I’ve heard.
What may have helped us was that for every meeting with the general contractor after the damage became known, we placed the insurance service card on the cover of the folder and kept it visibly on the table. A general contractor can’t afford constant legal battles. Their own legal expenses insurance premium would eventually skyrocket. Knowing that you bear no risk for litigation costs might make them think twice before playing the “ignorant” role here. The same naturally applies to your architect. Someone clearly wants to take you for a fool, that’s the impression I get.
By the way, that was one of the reasons we didn’t involve an architect in our project. It just added another hand to feed and still didn’t prevent major trouble. I have absolutely no faith in the general contractor + architect combination—if the former is being used here?!
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