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Old 09-17-2007, 06:15 PM
 
Location: Fairhaven, MA
157 posts, read 617,137 times
Reputation: 123

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I have been living in my town home since January and have recently been having problems with the foundation cracking, floor separating, tiles cracking, soil separation, etc.

Our thinking after trying to work with our builder and not getting clear answers or ethical solutions from them, we are going to get a lawyer...I would like to know if anyone out there has dealt with lawyers in these kind of situations as we are looking to just get a buyout as even if they fix the problems, I am not willing to stick around for future problems with the place...

Anyone out there know anyone or suggest a lawyer that they know has gotten the job done for you or someone you know? Please let me know...
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Old 09-17-2007, 09:49 PM
 
Location: Fuquay-Varina
4,003 posts, read 10,836,916 times
Reputation: 3303
The 1st thing you may want to consider is hiring a structural engineer to evaluate your situation. You may find out it is not structurally significant and the builder would be off the hook. The lawyer will cost a lot more initially than a structural engineer and with the SE you can actually get the answer you are after. Price would be 3-400 bucks.
Is the house on a slab? are the cracks hairline or are they showing significant vertical and/or horizontal displacement (heaving by more than a 1/4" up/down/left/right)
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Old 09-18-2007, 06:08 AM
 
310 posts, read 1,714,996 times
Reputation: 169
Listen to sacredgrooves "above". He knows what he is talking about.

If you don't mind telling: What subdivision are you at, who is the builder, and how old is the house?
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Old 09-18-2007, 07:09 AM
 
1,484 posts, read 4,154,484 times
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Default pictures

start taking pictures, documenting everything with dates and times. Maybe post pics here. I would call a lawyer and use an engineer. Dont tell them who built the house (if you dont have to) and make sure to get a written signed report from them.
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Old 09-18-2007, 07:23 AM
 
836 posts, read 3,468,894 times
Reputation: 432
The lawyer is going to have to know who built the house, as they will have to determine if they have a conflict of interest before they represent you.

As a lawyer myself (I don't practice anymore) I agree with the poster that says talk to a structural eng. first. Quick way to determine where you are without spending as much money. Plus the first thing a lawyer (well, a good lawyer) would do is get an engineer in. Also, the engineer may know some good lawyers that they have worked with.

I have had good luck with Lysaght and Assocs. downtown.
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Old 09-18-2007, 07:52 AM
 
Location: Fairhaven, MA
157 posts, read 617,137 times
Reputation: 123
We already had both structural and soil engineers come and look...We're still waiting on the report from our structural engineer. By just looking at it, the soil engineer implied the main issue is with the soil we're on...The cracks are not hairline by any means...They are now about a quarter of an inch and have grown to be that much in the past 2 months since there was not crack there...The cracks indeed show verical & horizontal displacement. We've all got tons of documentation, pictures, etc.

VaNC, have you dealt with any soil engineers you might recommend? lawyers?
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Old 09-18-2007, 07:55 AM
 
Location: Holly Springs
281 posts, read 1,107,951 times
Reputation: 193
If you would like the name of a Real Estate Attorney DM me and I will give you his name and number.
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Old 09-18-2007, 11:49 AM
 
1,484 posts, read 4,154,484 times
Reputation: 739
Default check other owners

Quote:
Originally Posted by elnene2k View Post
We already had both structural and soil engineers come and look...We're still waiting on the report from our structural engineer. By just looking at it, the soil engineer implied the main issue is with the soil we're on...The cracks are not hairline by any means...They are now about a quarter of an inch and have grown to be that much in the past 2 months since there was not crack there...The cracks indeed show verical & horizontal displacement. We've all got tons of documentation, pictures, etc.

VaNC, have you dealt with any soil engineers you might recommend? lawyers?
I would also check with other homeowners to see if they are getting the same issues as you. I assume that there would be more since it might be a soil issue. Just for facts, what is the soil like?
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Old 09-18-2007, 12:28 PM
 
9,680 posts, read 27,153,963 times
Reputation: 4167
So much of the soil here is clay and will pack down when built upon.

In New Orleans, pilings were used to hold the slab. Even then, some buildings were ripped apart by soil subsidence.

Greedy builders build on junk land and don't cover this in the warranty.
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