New home foundation issues

[Lithiumokc]

Okay, needs some help here guys. I bought a new house back in December. During the inspection they recommended a retaining wall be built on one corner of the house because the way they had to build up the pad for the foundation.. Well that was brought up and we were told that it would not be needed and that if something did come up, the warranty would cover it.

Well, low and behold the bedroom on that corners door started sticking.. Slowly getting worse. After reviewing the door to make sure it was just not loose i found no problem. Went outside to that corner and noticed holes starting to form under the foundation "I can stick my hand under there". The only thing I can come up with is that corner of the house is sinking... not much but enough.

So I called the builder and voiced my concerns.. He said he came out and looked over the foundation but did not find any problems.. Im calling bullS*** on that one because I work from home and am always here.. I never seen him. At any rate, I called him back and asked him to come out so I could show him the door and the holes.

He comes out and looks it over and said he just needs to tighten up the bottom of the door and that would be it... keep in mind this door is solid, no play anywhere in it.. Its the jam that has moved not the door. So I take him outside and show him the holes and he said it was just the ditch settling from the plumbing and i should "just put some dirt in them".

I asked him what happens after our warranty is out and this thing really gets bad as it appears it will. He then stated "I built this house for the Oklahoma council of neighborhoods not you, It sounds like your trying to make an issue out of a stuck door, you should call them"

At that point, I was pretty heated... I asked him what he could do about it one last time, he said nothing.. I with all composure I had thanked him for taking a look and asked him to leave..

So the Oklahoma council of neighborhoods calls me stating they just got off the phone with the builder and wanted to know whats going on.. in a nutshell i told them that there was holes under the foundation along with a crack in the foundation and the builder refused to do anything about it. She started in on how the weather could affect it with as hot as its been and all but told me I was out of luck. She said she was coming out to see for herself whats going on.

At this point im waiting on her to get her...

My question to OSA is do I have any legal legs to stand on here if they both refuse to address this or and I stuck with a brand new house not even a year old that has foundation issues.

 

[Lithiumokc]

Pics of problem.

 

[KYLE_B]

I'd say you have a problem. I don't see a footing. The stem wall pictured should be sitting on the footing which supports the weight of the house. There should not be any space in between. I'd call a structural engineer at this point because it will only get worse.

 

[tRidiot]

Agreed... looks like no footing there. You need to read through your home warranty, and may need to contact a lawyer and/or pay for your own private assessment by a structural engineer.

Ugh... sorry man.

 

[Big House]

Start a paper trail NOW. Phones calls are worthless as far as proof of notification.

 

[Big House]

My concern, you were told by, and probably in writing, by the home inspector that there needed a retaining wall. Did you get anything in writing when you were told by whomever you told, this was not needed and if it were an issue then the home warranty would take care of it?

 

[tRidiot]

Start a paper trail NOW. Phones calls are worthless as far as proof of notification.

THIS.

Paper trail, registered letters. In fact, I'd probably as my first order send a registered letter to the builder who is responsible for the warranty repairs requesting a formal evaluation of the foundation and need for foundation repair. I would simultaneously obtain 2-3 estimates and detailed evaluations by outside companies like RamJack, PowerLift, etc. Foundations are their business. This will give you ammunition for your second registered letter when your builder's official eval is that everything is fine. Once they start getting official documentation, then I think they'll pay more attention. Also contact the BBB and the State Attorney General's office to see if there have been other complaints against this builder.

You need to cover your own rear, you can bet they're going to try to stall you till the warranty is out. And if you can document you've been after this during the warranty period, then they will still be liable, even if the warranty expires in the meantime.

Good luck, and keep us informed!

 

[KYLE_B]

"Oklahoma council of neighborhoods"

Who is this? I've never heard of them. That foundation should have never passed the first inspection by the city building inspectors. If nothing else you've got them on a building code violation. That alone will win a case. Who's the builder?

 

[Lithiumokc]

So the lady from the council of neighborhoods came out and insisted that there was nothing wrong other than triple digit temps causing surface cracks in the foundation. She said that the option to add a retaining wall was presented to them when they had the house built but after getting second opinions it was decided that it would not be needed. She also said that she would have a structural engineer come out and look it over.

Im new to the paper trail thing and not exactly sure how to start. Is it just a matter of typing up a request having it notarized and sending it in? I have the home inspection where there recommendation was made for a retaining wall, but nothing other than that in writing. Im worried that my inexperience in these dealings will end up biting me in the ass. Im more of an old school, "your word is your bond" kinda of guy and starting to realize things just dont work that way anymore.

 

[Lithiumokc]

The builder is out of Moore OK.

http://www.councilofneighborhoods.org/