Thread: Need advice on possible stuff-up...

Hi all,
New here, so please be nice (and, failing that, please refer to the myriad Ts and Cs

Anyway, here is the situation...

My wife and I contracted a builder to build a house for us last year. After reviewing the list of inclusions (and prices) we decided to get a local earth mover to cut and fill the site for us (given that the builder's allowance was very low, and that we knew that there was a fair amount of rock at the site = $ over-runs on day 1 if we'd had the builder do it). Note that we built on a 5 acre rural block.

The builder had a clause in the contract to the effect that they would remedy - at our expense (via variation) poor earth-works prior to building.

The builder also quoted (as part of the tender) a set amount of "piering" on the fill side, and then charged us a variation for more piering, as the engineer required more.

Now, 6 months later, we're in the house, and are noticing settlement cracking in brickwork (bricks and mortar) and have had an engineer do a walk-round and general assessment.

His basic response is encapsulated below, and has me a bit worried...



To paraphrase, the engineer believes that the cracks are "normal" in modern (brick veneer) construction, and are more a result of shrinkage cracks above the windows owing to the lack of expansion joints (the west wall where some of the cracks are evident is ~13 metres wide). These expansion joints apparently being "good" rather than mandated practice.
He doesn't believe (thank goodness) that the slab or foundations are failing "at this stage" having checked the tiling etc on the fill side (no cracks).
He suggests that, as we completed the site cut and fill ourselves (or under our control), we have no real leg to stand as regards pursuing any claim on the builder...
It's true that the house probably won't fall to bits tomorrow, but the fact that there is cracking in brickwork this early (<12 months after completion) is a worry.

The earth mover we used is a local guy who has been doing this for years, and who took over his father's business when he retired. He knows what he's doing.

Question is, what (if any) leg to stand on do we have when:

1) We used an Earth Mover who "should" know what he's doing.
2) The builder inspected the site, deemed it fit for purpose (else they'd have charged a "make good" variation) and,
3) The builder's own estimation of lineal-metre piering was over-ruled by an engineer (for which they charged us a variation). The engineer mandated approx. 1/3 more piering than the builder had allowed for.

...and yet there is still (albeit minor) settlement cracking?

Can we ask them to "make good", or are we now on our own?

(I'm aware that people will suggest that we should have let the builder "do it all", but the reality is that the builder will almost certainly have "front-loaded" extra costs into site works - etc - to "cover off" such eventualities...However unlikely those eventualities might have been. I guess we're about to realise these costs at the back-end... )

Doesn't matter what the earth mover did - the builder is responsible for the construction. In any case it sounds to me like there is not a problem to be concerned about anyway and certainly nothing that would require any remediation. Unless the cracks are bigger than 1mm or so then they might be unsightly, but are not structurally unsound (as your engineer seems to have said).

Yass like the ACT has had a very wet year so moisture levels have varied quite bit in the last 6mths (and the months before that when the build was being done. So it's not all that surprising to me. In any case NSW has compulsory building warranty insurance so if you really think you have a problem (talk to the builder first!) look here: Home warranty insurance - NSW Fair Trading

Pics are helpful too.

I'm guessing that like most parts of this great country Yass has experienced more rainfall in the past several months than it did in the past several years, so that the movement may be attributed to that.

It's a concern if they haven't used adequate expansion joints - I'm sure there is such a mandate in the BCA? That may be a good avenue to pursue. If the cracks are indeed minor, they may have not occurred at all, or to the extent they have, had there been 'appropriate' expansion joints (but I'm no expert in geology matters...).

The contract seems to be in your favour, in that the builder had the right to improve the foundations to their satisfaction, and their moving beyond that stage would (should?) be seen as being their acceptance of the foundations.

Jinx

What is your site drainage situation? usually drainage is not part of the builders scope as it is landscaping but can greatly effect the movement of foundations.

Where he said brick joints are not mandated is not strictly correct. If the footings have been designed for articulated masonry, brick joints are required. It is in the BCA. Do you have a copy of the plans where you can post the depth of footings and the site classification? Then someone can check whether this may apply. Otherwise drainage is usually the issue and sadly most times this is your responsibility as the builder would have this not included. Do you know where the extra piers have been placed and could you contact the engineer to ask why they were required?

In all of this, I don't know the extent of the cracking or the size so I can't make any judgement but if the engineer that inspected isn't calling it structural cracking, just monitor it for 6 months and put in drainage lines if you don't have any.