Lets say a builder builds a house for you in 2002. You sell the house to Joe Blow in 2005. In September of 2010 Joe Blow comes to Mr. Builder and says "Hey Mr. Builder, I know you didn't sell me the house but you built it. My front porch has settled towards the house and is cracking. I'm afraid it's going to collapse. Here's a estimate from a concrete guy, fix it or pay it!".

Under normal circumstances a porch really shouldn't fail after only 8 years or so but in the court of law where does the responsibility lie? Is it with the person you bought the used product from or with the original manufacturer?

Lets throw this into the mix. Joe Blow's neighbor on the right, who is also a second owner, is having the same problem. JB's neighbor on the left, who is the original owner, also has the same problem. Same builder, different designs, all built at the same time. Only difference is the builder fixed the original homeowners porch. Three porches with the same problem! One would immediately assume that it is a design flaw, which it very well could be. Since the builder fixed the original owners porch is he now claiming ownership or did he just show a act of good will and loyalty to his old client?

So with that being said, who is responsible?

 

If it was a single porch cracking, then the homeowner would be SOL. But, since there are other instances of the same thing happening, I think he'd actually have a chance in court.

 

As Zairman said. But Class action suites take bukus of money. So you are still SOL.
The builder would more than likely wait you out or declare bankruptcy.
Anyway you go about it you're screwed. So you may as well fork over the money to get the porch fixed yourself.

 

*statute*
not really a class action case, you can sue for damages and join with the other neighbor.

 

If you are having the issue, you'll need to find out what the codes/laws are there as it changes from state to state. In Texas, the State requires a 10 year builder warranty on the foundation. If the porch is considered part of the foundation and not covered flatwork, it's covered under that requirement. If it's covered flatwork, it has a one year warranty. However, if the home owner can PROVE it is a design defect, it's covered in perpetuity. But the homeowner is in the position of having to prove a design defect. That's why most builders use engineered slabs around here. It puts the liability on the engineer and gets them out from under it. Most are going to panel wall construction for the same reason- shift structural liability to a second party.

In regards to what the builder did next door in Texas is not admissible in court. Only the facts in regards to the specific property is all the court will hear. But that may not be true in Ohio. You'll need to talk with an attorney to make that determination.

Responsibility for any dated claim ultimately falls to the credibility of the builder. In hard economics times like today, it's hard for a builder to go back and fix something like this and call it good. But if the builder is still building in the area, it's probably in his best interest to fix the problem if for no other reason, good public relations. It's a hard thing to weigh. I've seen cases where the builder did no wrong but was hammered in the media and they lost significant market share over it. I can recite one case in particular about a homeowner that claimed a builder built the house on a spring and water was coming out from under the foundation-LOTS of water. We tested the water and it was chlorinated meaning the water supplier had a water leak and it was coming out of the ground at this guys foundation. The builder did no wrong but the because of the media and the guy wanting out of the house for financial reasons, the builder lost about 30% of it's market share or about 400 houses per year. That's a significant loss for doing nothing wrong. FWIW, the water supplier found an eight inch main pipe broken in half up the street....but that never appeared in any media.

 

Talk to an attorney specializing in construction cases.....

 

We had a regional builder get lambasted in the press for a slab that was failing.

Turns out the homeowner had modified the drainage and was in the habit of excessively watering, day after day and essentially had created a lake of mud under his house. That part did not make the papers, lol.

Basically, I'm a little skeptical of homeowner claims against the builder, especially if it is on an 8 year old house and not the original owner.

Multiple failures in the immediate area do point to bad design or a failure to build it according to design. So it's probably in the best interest of builder to fix it, as it is probably cheaper to fix than to fight (and lose) a lawsuit. And maybe the builder's insurance will help defray the cost.

 

What the heck is a Statue of Limitations?


I know this statue really tested the limitations of the engineers but they were able to pull if off.

 

Thank you. I saw it as soon as I submitted the new thread. Of course it's in the title and I can't edit it :o

Awww crap, I knew one of you guys where gonna start

 

tee hee hee

 

Said home owner needs to find out WHY it is cracking. Is it a problem that could affect the entire house's foundation? Also, someone somewhere should have the soil samples and permits from the construction. Was the soil really stable? (There are ways to cheat the test)

If it is something like an act of God, maybe heavy rain for the past couple months or something, the builder won't be liable. The homeowner is going to have to find out WHY it is cracking before knowing how to proceed.

 

I have read about some company that fixes foundations. The ad stated, that they put steel rods through the slab and bolted them together to hold the slab from drifting apart. That seems to happen some times in the river deltas.
The company I was reading about was in Mississippi. Mississippi, Florida, half of Arkansas and Louisiana is just sediment that has come down the rivers for thousands of years.

 

These particular porches have foundations under them(8" block or poured wall). They are floating slabs.

 

That makes me wonder if maybe you have a water leak in your slab. Because that sounds like a good foundation for a porch

 

Here's my .02. If the residence has been sold once to the original owner, and then again to another owner, the builder is no longer responsible.
If the flaw were disclosed on the second owner's paperwork, and still purchased, it would seem to be the 2nd owner's responsibility because the 2nd owner was made aware of the flaw. If not disclosed, there possibly could be liability on the original owner, but not the builder.
But I'm dumber than a carrot.