Q: Who do you sue if you have a new build house (1 1/2 yrs) that, since day one has had major issues, foundation,
Water leakage, sewer issues, window casings cracking out. All documented emails, pictures and work done so far.
A:
Common defendants in such a lawsuit include the builder, the soils engineer, the foundation design engineer, the foundation subcontractor who built the foundation, and the landscape design engineer who designed the landscaping.
It really depends upon what your structural engineer expert says has caused the major issues you are experiencing. It could be a design defect in the foundation. It could be a construction defect in the way the foundation was built. It could be a design defect in the landscaping placing large vegetation too close to the foundation. It could be professional negligence by the soils engineer providing incorrect information to the foundation design engineer. I've even seen a case where the pool design engineer was responsible for placing a swimming pool too close to the foundation, and one where the problem was a leaking plumbing line. I've seen a case where it was alleged the concrete supplier was responsible for providing a mixture of cement for a building foundation that had too high a ratio of water:cement.
You need to ask your engineer if you have an "edge lift" situation or a "center lift" situation or a "differential movement" situation. You also need to ask him/her what actual deflection and tilt of the foundation is based on his/her measurements and what is the maximum allowable for each under the performance standards. Getting these answers from your own engineering expert is crucial to determining which contractor or design professional may be legally responsible.
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