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Friday, 20 October 2006 |
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Expansive Soil, Foundation Problems, a Growing Problem
Holding Builders and Engineers Accountable
for Foundation Problems?
You bought the House – Don’t Buy the Builder’s Excuses
Don’t let your builder stall or insult your intelligence
Are you learning that the so-called 2-10 year new home warranty is not all it’s cracked up to be?
Does your builder say that cracks are normal even as they continue to spread across the foundation and creep up and down the walls of your new home? Chances are these are not normal settling cracks as the builder will claim.
Over the past 10 years foundation failures are becoming more commonplace across this country and are occurring in alarming numbers. For example, nowhere but
Texas
are foundation failures more abundant. Of all foundation failure in the country 1 out of 5 occurs in
Texas
.
Chances are if you start to feel frustrated with the excuses the builder gives there must be a reason, so trust your instincts. Don’t become frustrated, or argue with the builder, who in many cases doesn’t care. Simply take charge and stop the builder’s excuses. Act, and act quickly. Things will become understandable as to what is fact and what is fiction about your foundation.
Take action utilizing available options that are relatively easy.
Most Important! First put your energy into holding the engineer accountable
Filing a complaint against an engineer can be very effective. Find out the
name of the engineer or the engineering firm that designed the foundation
of your home. Engineers are in fact regulated and if they become careless
they can lose the ability to practice their profession. Unlike most builders,
engineers generally carry errors and omissions insurance assuring more
accountability. By filing a complaint against the engineer you could find an
ally that will help.
National Council of Examiners for Engineering and Surveying
Next:
1. Immediately file a complaint on the builder with the State Attorney General
National Association Attorney Generals
2. If your state licenses or registers builders, file a complaint with
the appropriate agency.
STATE CONTRACTOR LICENSE BOARD LIST
Warning, unfortunately far too many state regulations are lax and
enforcement weak, so builders are not held accountable but file them
anyway. Don’t get discouraged and it is important to follow up.
File other Complaints against the builder and engineer: Take action 101!
Consider this. Builders like it when you hire an attorney
The first instinct most homeowners have is to retain an attorney in hopes the builder will decide to do the right thing and take responsibility. However, contrary to what we were brought up to believe, the fact is builders by-in-large like it when you hire an attorney.
First the builder knows you will have to begin spending a great deal of money you can’t afford to spend. Secondly the attorney must represent you under the laws of your state, laws that the building industry has for the past 17 years been aggressively changing to protect its best interest all across the nation.
Understanding why, read:
Hurt? Injured? Need a Lawyer? Too Bad!
& Binding Arbitration
Remember even a repaired foundation substantially reduces the value of a home.
HUD Standards
TITLE 24--HOUSING AND URBAN DEVELOPMENT
Sec. 200.926d Construction requirements
Builder Certification HUD Form 92541
HUD's Code of Federal Regulations addresses this issue. The Builders Certification (HUD 92541) addresses the issue of expansive soil. If the builder answers any question on the HUD 92541 form by checking the "yes" box the property is ineligible under HUD guidelines.
Question "f. Foreseeable Hazards of Adverse Conditions: (2) Does the site have unstable soils..."
Failed?
The property could be made eligible if the foundation is engineered to withstand the soil conditions. However, when a foundation fails it is compelling evidencet that the engineers design failed to withstand the soil conditions.
Read more:
The myths of watering foundation and under designed slabs
Too much rain, lack of rain, trees and other “Acts of God” exposed as a fairy tale
It has been well established that foundation failures are widespread. Critics claim that in most cases foundation failures are the result of an unregulated industry, unskilled labor and builders cutting corners for the sake of higher profits...We have it on good authority that the excuse for foundation failures caused by too much rain, lack of rain or trees is a fairy tale, and that “Acts of God” are acts of man in order to increase builder profits.
In Texas:
report foundation problems and the engineer to the Texas Board of Professional Engineers. http://www.tbpe.state.tx.us/complaint.htm
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