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Cracks found the day concrete poured. We are talking about 16 cracks total per engineer report. Some are hairline, 2 major ones running across grade beams. Engineer came out to look at it and provided a letter suggesting foundation is good but needs continuous monitoring. Builder refused to redo it. It’s a PT slab.This is a custom built, not spec home. We suspect sub grade problems. Have you run into problems like this? Should we get a lawyer?
[url]https://youtube.com/shorts/wPt-q4eYvt8?si=-c1Z8R7wslCpg9nG[/url]
This a video of one of the 2 major cracks.
Last edited by Yqing210; 04-13-2024 at 11:52 AM..
Reason: Add link
Cracks found the day concrete poured. We are talking about 16 cracks total per engineer report. Some are hairline, 2 major ones running across grade beams. Engineer came out to look at it and provided a letter suggesting foundation is good but needs continuous monitoring. Builder refused to redo it. It’s a PT slab.This is a custom built, not spec home. We suspect sub grade problems. Have you run into problems like this? Should we get a lawyer? https://youtube.com/shorts/wPt-q4eYv...1Z8R7wslCpg9nG
This a video of one of the 2 major cracks.
What the Engineer meant is not clear without context. If you can cut and paste the report (sans identifying information) that might explain it. As your phrase is written it is very ambiguous as all slab foundations require continuous monitoring anyhow. If the Engineer meant monitoring of those cracks then obviously that would not be possible except at the exposed slab edges as the floor surfaces would be covered with flooring.
Your video was very close up and also without context. If you can post some still pictures wider out and displaying the cracks and larger portions of the slab that can help better understand what you are trying to display.
First on an issue with Post Tension Cable (PTC) foundations. Since the PTC are there to replace standard deformed steel (rebar) as reinforcement then the concrete preparation, pour, and finishing become more important. With PTC there is no concrete reinforcement until the PTC are tensioned. With a deformed steel reinforced slab the deformed steel provides the reinforcement as the concrete is curing. As a result any movements of a PTC slab when sufficiently cured and before tensioning can result in these type cracks (not the typical shrinkage cracks but the wider ones). Once the the PTC are tensioned their purpose is to pull cracked sections back together and in the future help prevent separations when the slab cracks.
The wider cracks you see can be sub-grade issue related or improper concrete consolidation during the pour or improper concrete mix, or improper finishing after the pour. Subgrade issues would also be related to what was discussed above with a lack of reinforcement until tensioned with a PTC foundation.
If concrete is not properly consolidated during a pour it can create voids leading to uneven curing and cracking.
With an improper concrete mix you can have a number of problems including insufficient water in the mix causing the concrete to dry to fast. Insufficient water can be from the original mix at the concrete plant or to much drying before it hit the pour site (extensive distances, long waits to pour their load, etc.). Shrinkage cracks are partly caused by this and if the concrete was excessively dry it can lead to wider cracks. To much water in the mix causing extended dry/cure time and also impatience by the foundation installers before finishing and working the excessively wet concrete to early. The quality of the concrete mix is tested for these two factors (to wet/to dry) using a "slump test" which you can Google. I have rarely seen slump tests performed on site and typically the Builder takes the word of the concrete company that they tested it. The results are typically, when performed, on the concrete delivery ticket.
Finishing the concrete is a very important step and can also cause a variety of issues that can create these type cracks. After they pour the concrete they screed it to level and smooth it out somewhat prior to the finish operation. Excessive screeding can cause water in the concrete to rise to the surface faster than desired. Then when finishing occurs the lack of water can cause the drying concrete cracking issues. Screeding is typically simple and fast and this is a very rare cause of cracking.
Once screeding is finished they will typically take a bull float to level off any ridges caused by the screeding and also push the concrete course aggregate (rock) that surfaces back into the the surface. Again another simple operation and typically not the cause of concrete water issues.
After they bull float the concrete they may then use a power trowel for a final surface smoothing. These are the motorized, circular machines they walk behind. Looking at your video and the markings on the concrete it appears they used a power trowel. Having the far out pictures might show more signs. This tends to be a major issue if they trowel the concrete to much they can force to much water to the surface causing premature drying and cracking. Unfortunately this does happen often.
The Engineer you had can not tell you definitively what the cause was just by a simple visual inspection. The only one that can is the Builder obviously. As it goes on a slab foundation these days from pour to finish operation it is typically completed all the same day and sometimes within hours of the pour. I would expect Builders to be on site at the critical time points during and after the pour to ensure the foundation company is not making mistakes.
For the Builder "to redo it" is a massive expense and build delay and not surprising for what we see that they will not re-do it. What I do recommend is that not only should you take a WHOLE LOT of pictures of every inch of that slab (make sure you have farther out for context) but also map every crack on the slab before they tension the PTC. Obviously, as stated previously, they will not be visible once flooring is installed. After they tension the PTC you should repeat this process particularly to see if the stressing did close those cracks. All through the build before flooring goes down make sure you do monitor the slab to see if any additional cracks appear and/or if any existing ones become more pronounced. This is your documentation later should issues arise and you can trace it back to a problem during the build.
One questions with your Engineer's inspection. Did the Engineer say anything about the cracking around the PTC live end cable bracket at the beginning of the video" Do you have more like that? Any type of cracking around a PTC cable end is a concern. You have probably seen the brackets on the inside of the form boards before the pour. It is the concrete around them that holds them in place. If the concrete is cracked/damaged enough it can weaken that point. When the PTC is stressed (tensioned) there is always the potential for a blow-out of concrete if it was to week. At that point the bracket has nothing to secure it in place and the cable can not be tensioned properly or at all. That would take away from your slab reinforcement.
Obviously any communications you have with the Builder about any issue should be in writing, require a written response, and saved for your records later. Emails are generally accepted in disputes as a valid method of communication.
As for consulting an Attorney you are already uncomfortable with the build as a result of this. I would recommend you speak with an Attorney to review your build contract and explain all rights and caveats within it. These Builder contracts are unfortunately very well written to protect them and place you at a significant disadvantage. You should also be very careful about stopping the build as your contractual language may have stiff repercussions if you do that.
You should have your own inspections performed throughout the build as well. Also this site can help you better understand foundations and has a great deal of information that can be useful to you https://foundationperformance.org/ . Lots of great and free publications there.
Your builder doesn’t provide a warranty? Two custom builders I’ve looked at offer 10 year and 20 year warranties on infrastructure.
Please understand I am not trying to beat on you but I have yet to see any Builder warranty that was worth the paper it is written on! That is especially true with the structural portion. Buyers need to do the following actions to protect themselves.
Never sign any contract with a Builder until you fully understand it. If it takes speaking with an Attorney then do so. These contracts are so well written to protect the Builders that Buyers get left out to dry in many, many instances. Even if you think you understand it make sure you have someone else read it and offer suggestions on possible issues with it. If you do not know how homes are built and builds progress you can easily miss caveats in the contract.
Never sign any contract until you read the warranty you are going to be given. We will use the OP's case as an example. If you closely read these warranties they are catastrophic in nature. Basically once you sign for the house the warranty typically covers if it becomes unlivable or a significant safety issue. It is very infrequent (almost rare) that structural issues reach that point. That leaves the Buyer on the hook for significant (cost wise) issues. Also if they fail to correct an issue they find and the home does hit the catastrophic phase the Builder is most likely covered for the Buyer's failure to act to prevent further damage.
Buyers need to do all important communications with a Builder in writing. "He Said, She Said" does not cut it in court if you have to go that route. Writing also keeps everyone honest in the process.
Buyers need to have their homes inspected along the build process. They need to ensure their Inspector is documenting all issues. DO NOT count on the local Authority Having Jurisdiction (AHJ is the city, county, etc.) to be performing any type of in depth inspection since they do not have the manpower to do so. They typically rely on the Builder's Third Party inspection reports. There is a phrase for that, can you say "Letting the fox guard the hen house"?
Buyers need to attempt to have all issues corrected before they accept the structure or authorize final payments if it is a construction loan. If they have a construction loan they should use disapproval of phase payments along the way as a possible remedy to have issues repaired before the build progresses any farther. Before they do that though they should already have spoken to an Attorney to see if their contract allows that. Once a Buyer signs that final "acceptance" sheet they will most likely own all the problems still there.
As for any warranty (not just home builds) they are only as good as the person issuing it and only for as long as they are still in business. It is unfortunate but I can run a warranty company, issue warranties on bad builds, pay out way more money than I collect in fees for the warranties, go deep into the red, and then go bankrupt leaving the homeowner out to dry! If I am creative and dishonest enough I can then go out and start another warranty company and do it all over again! For me a warranty is not what I use to decide on anything but instead many other factors since I don't really want to ever have to exercise a warranty.
As far as I know, homebuilders warranty is state law
I found it online several years ago, but now I don't know where it is
Those guys are not going to give warranty just because they want to be nice.
First the Texas laws.
Texas Civil Practices & Remedies Section 16.009 - This will describe how long a consumer has to file a legal action against a Builder for issues on a home. This also covers contractors who may be working on your home after you own it.
Texas Property Code Chapter 27, Residential Construction Liability Act - This covers the conditions under which legal actions can be taken against a Builder for issues on your home. https://statutes.capitol.texas.gov/D...OPERTYCODE.pdf
Texas Property Code Title 16 Texas Residential Construction Commission (TRCC) Act, Chapter 430 Warranties And Building Performance Standards - This was the Texas law requiring Builders to provide the extended 1/2/10 warranties that were typically provided anyhow (see below). The TRCC was Sunsetted years ago and when that happened this section and laws were also nullified. I do not have a link to the historical page for this but if you search it you can find it eventually.
Texas has a "One year implied warranty" on just about everything you buy including a new home. However Texas also recognizes "As Is" sales including with new construction. If your purchase contract/closing papers states "As Is" (I suspect most if not all do) then that one year implied warranty is not typically enforceable.
Now to "homebuilders warranty is state law". Except during the very brief period (relative to how long building in Texas has occurred) that The Texas Residential Construction Commission was in existence Texas has not forced Builders to provide any warranty on homes that they could not get around easily. All of the laws (see above) only specify the civil remedies and procedures for them that consumers have against Builders.
If you take the time to read those references you can see how badly disadvantaged consumers buying homes are. Add to that the latest round of laws last year affected even the time frames that a consumer can file a civil action against Builders. Prior to these changes consumers had 10 years to file against Builders in court for structural issues. Now the law basically states if the Builder provides a 1/2/6 year warranty that 10 years can be reduced to 6 years.
Builders offered warranties, even though they were not required to do so, for two main reasons. The first is marketing. If "Builder A" offered a warranty and "Builder B" did not then buyers would flock to "Builder A" and stay away from "Builder B". If "Builder A" offered a 1/2/10 nice sounding warranty and "Builder B" only offered a 1/2/5 warranty the buyers would take that into serious consideration when buying and move away from "Builder B".
The second reason is simply "CYA"! The Builder warranty will define what you can come after the Builder for. So many are written in a way that you will be covered for so many problems that would not typically happen anyhow and exclude many issues that would. They will also typically define what the Buyer is responsible for as far as maintenance and disclaim repairing them after closing and repairing any issues that may arise if the Buyer did not perform their own maintenance. By not performing your own "Homeowner required maintenance" (and many times basic maintenance anyhow) the Builder's reserve that right to refuse coverage.
For the second reason I will use an example of "Homeowner required maintenance" and "Builder Defect" that I see on nearly every home I inspect. This one of many possibilities is exterior sealants (caulks) application. Most every home I find sealants not applied where they should be as well as improperly applied where they are shrinking/detaching/etc., causing gaps for water penetration which can cause other damages. Homeowners must maintain the exterior sealants on the home. As you are driving/walking around you can see a clear example what happens if you don't. Look up at the sided chimney chases and see the deteriorated (sometimes falling apart) siding and trim on them. Even fiber cement siding and trim can be damaged by repeated water exposure not to mention the damages behind them as water seeps in.
Even retail grade (Big Box) sealants can last a long time if properly applied. But why should the Buyer be stuck repairing sealants a year later that the Builder never applied or properly applied? That's because the Buyer accepted the house "As Is" (I would almost guarantee that is in the closing papers) instead of pushing the Builder to repair it before closing or adding it as an exception to closing when signing or having the Builder agree in writing before the closing that they will repair it after the closing. Otherwise it is all banking on the Builder having a good heart to fix something they are not "contractually" required to. Some will, some won't, and some may only fix a little of a big problem and not all of it just to make the Buyer feel good.
I will go right back to my list above and repeat the age old saying of "Caveat Emptor" which translated means "Buyer Beware Or Buyer Be Screwed"!
Texas Civil Practices & Remedies Section 16.009 - This will describe how long a consumer has to file a legal action against a Builder for issues on a home. This also covers contractors who may be working on your home after you own it.
Texas Property Code Chapter 27, Residential Construction Liability Act - This covers the conditions under which legal actions can be taken against a Builder for issues on your home. https://statutes.capitol.texas.gov/D...OPERTYCODE.pdf
Texas Property Code Title 16 Texas Residential Construction Commission (TRCC) Act, Chapter 430 Warranties And Building Performance Standards - This was the Texas law requiring Builders to provide the extended 1/2/10 warranties that were typically provided anyhow (see below). The TRCC was Sunsetted years ago and when that happened this section and laws were also nullified. I do not have a link to the historical page for this but if you search it you can find it eventually.
Texas has a "One year implied warranty" on just about everything you buy including a new home. However Texas also recognizes "As Is" sales including with new construction. If your purchase contract/closing papers states "As Is" (I suspect most if not all do) then that one year implied warranty is not typically enforceable.
Now to "homebuilders warranty is state law". Except during the very brief period (relative to how long building in Texas has occurred) that The Texas Residential Construction Commission was in existence Texas has not forced Builders to provide any warranty on homes that they could not get around easily. All of the laws (see above) only specify the civil remedies and procedures for them that consumers have against Builders.
If you take the time to read those references you can see how badly disadvantaged consumers buying homes are. Add to that the latest round of laws last year affected even the time frames that a consumer can file a civil action against Builders. Prior to these changes consumers had 10 years to file against Builders in court for structural issues. Now the law basically states if the Builder provides a 1/2/6 year warranty that 10 years can be reduced to 6 years.
Builders offered warranties, even though they were not required to do so, for two main reasons. The first is marketing. If "Builder A" offered a warranty and "Builder B" did not then buyers would flock to "Builder A" and stay away from "Builder B". If "Builder A" offered a 1/2/10 nice sounding warranty and "Builder B" only offered a 1/2/5 warranty the buyers would take that into serious consideration when buying and move away from "Builder B".
The second reason is simply "CYA"! The Builder warranty will define what you can come after the Builder for. So many are written in a way that you will be covered for so many problems that would not typically happen anyhow and exclude many issues that would. They will also typically define what the Buyer is responsible for as far as maintenance and disclaim repairing them after closing and repairing any issues that may arise if the Buyer did not perform their own maintenance. By not performing your own "Homeowner required maintenance" (and many times basic maintenance anyhow) the Builder's reserve that right to refuse coverage.
For the second reason I will use an example of "Homeowner required maintenance" and "Builder Defect" that I see on nearly every home I inspect. This one of many possibilities is exterior sealants (caulks) application. Most every home I find sealants not applied where they should be as well as improperly applied where they are shrinking/detaching/etc., causing gaps for water penetration which can cause other damages. Homeowners must maintain the exterior sealants on the home. As you are driving/walking around you can see a clear example what happens if you don't. Look up at the sided chimney chases and see the deteriorated (sometimes falling apart) siding and trim on them. Even fiber cement siding and trim can be damaged by repeated water exposure not to mention the damages behind them as water seeps in.
Even retail grade (Big Box) sealants can last a long time if properly applied. But why should the Buyer be stuck repairing sealants a year later that the Builder never applied or properly applied? That's because the Buyer accepted the house "As Is" (I would almost guarantee that is in the closing papers) instead of pushing the Builder to repair it before closing or adding it as an exception to closing when signing or having the Builder agree in writing before the closing that they will repair it after the closing. Otherwise it is all banking on the Builder having a good heart to fix something they are not "contractually" required to. Some will, some won't, and some may only fix a little of a big problem and not all of it just to make the Buyer feel good.
I will go right back to my list above and repeat the age old saying of "Caveat Emptor" which translated means "Buyer Beware Or Buyer Be Screwed"!
You paint a dire (and verbose) picture of homebuilders in Texas. Since you seem to know a lot about the industry can you recommend any “build on your lot” builders?
You paint a dire (and verbose) picture of homebuilders in Texas. Since you seem to know a lot about the industry can you recommend any “build on your lot” builders?
I don't recommend Builders as I have seen the whole gambit from poor to superior building in all class and type of Builder. The quality of a build comes down to the quality of the Build Supervisor. I've encountered truly outstanding Build Supervisors down to Build Supervisors I would not hire to oversee the build of an outhouse! For years I did have a very favorite Builder but they sold out and unfortunately what I liked about them ended.
What I do recommend are the pointers above to help minimize the chance of troubles when buying a new build. Buying a new build really is tough today due to the games played and having to do all of the due diligence possible before signing that contract and then handling the build issues as they come along. There are more things a buyer can check but those above will go a long way to reducing the stress after signing.
For years I did have a very favorite Builder but they sold out and unfortunately what I liked about them ended.
Ryland?
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