Need Advice on Damages to Home

Sir,

We purchased a home in Tarrant County (Fort Worth) Texas last year from a custom home builder - First Texas Homes, w/ an approx value of $185K.

Last April, our neighbor decided to have a pool put in his backyard. The digging of the hole for the pool involved heavy equipment (back hoe w/ Jack Hammer extension), which severely vibrated our home -- to the point that pictures fell off of the walls. At one point, we called the local police who issued a ticket. Even after receiving the ticket, the neighbor continued with the building of his pool. During the digging of the hole, the construction workers were informed they were vibrating our house, and stopped when the first crack appeared in the exterior of our home.

Within 2 weeks of the first crack, we received another 75 or so cracks, and thus put in a claim to our insurance company USAA. The insurance company hired an engineer to inspect the home. His findings were that the cracks were caused by "normal settling", and it was the builders responsibility to repair the damage.

The builder is willing to repair the "cosmetic" damage in accordance with the warranty. However, he claims he will only repair the house once.

Our problem is this -- If we have the builder repair the "cosmetic damage" is that the limit of his responsibility? In other words, if he repairs it, does that mean that if foundation damage is found when we sell the home in a year or 2, he is not responsible?

We have found a lawyer willing to look at the case, but he basically wants to sue. We are not sure this is in our best interests, since once it goes on record, we will then have to report the potential damage to any potential buyers, real estate, etc.

What should we do here? Is it best to get a lawyer and sue, or let the builder fix the home, and then get it inspected before filing a suit?

Thank you in advance for your time.

Mike Brown

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mikebrown999:
Sir,

We purchased a home in Tarrant County (Fort Worth) Texas last year from a custom home builder - First Texas Homes, w/ an approx value of $185K.

Last April, our neighbor decided to have a pool put in his backyard. The digging of the hole for the pool involved heavy equipment (back hoe w/ Jack Hammer extension), which severely vibrated our home -- to the point that pictures fell off of the walls. At one point, we called the local police who issued a ticket. Even after receiving the ticket, the neighbor continued with the building of his pool. During the digging of the hole, the construction workers were informed they were vibrating our house, and stopped when the first crack appeared in the exterior of our home.

Within 2 weeks of the first crack, we received another 75 or so cracks, and thus put in a claim to our insurance company USAA. The insurance company hired an engineer to inspect the home. His findings were that the cracks were caused by "normal settling", and it was the builders responsibility to repair the damage.

The builder is willing to repair the "cosmetic" damage in accordance with the warranty. However, he claims he will only repair the house once.

Our problem is this -- If we have the builder repair the "cosmetic damage" is that the limit of his responsibility? In other words, if he repairs it, does that mean that if foundation damage is found when we sell the home in a year or 2, he is not responsible?

We have found a lawyer willing to look at the case, but he basically wants to sue. We are not sure this is in our best interests, since once it goes on record, we will then have to report the potential damage to any potential buyers, real estate, etc.

What should we do here? Is it best to get a lawyer and sue, or let the builder fix the home, and then get it inspected before filing a suit?

Thank you in advance for your time.

Mike Brown<HR></BLOCKQUOTE>

I do not understand how the engineer determined that the cracks were due to normal settling as opposed to abnormal settling due to earth movement and vibration from the neighbors pool construction. Hire your own independent engineer because who does the engineer that looked at the cracks work for? Contact the project engineer to come out and inspect the cracks.

The communication from the builder to fix it once only and "wash hands" is pure hogwash. He has some settling cracks himself. He is obligated to fix the defects as many times as needed and as required by the warranty, both express and implied. The builder is still on the hook as long as you did not sign your rights away.

No matter what hapens, lawsuit or not, you must still disclose the problems to any potential Buyer, the real estte agents etc.

Here is your to do list.

1) Hire an attorney; not to sue but to gather the facts, review all warrranties and demand a proper resolution without litigating. There is such a thing as negotiation and settlement.
2) Hire your own independent engineer.
3) Request that the project engineer complete an inspection.
4) Have your attorney write to the builder based on the findings of your engineer. You may not need to litigate if the builder can settle this issue properly and in a timely manner.

May I ask what type siding you have? Is it the EIFS synthetic stucco stuff?

Thanks for your the reply and the advice.

The house is 80% brick with 20% wood trim. We have cracks in all 4 corners of the house, as well as in the middle of the wood siding. Most of the other cracks are in the plaster board at the corners, over doors, and even in the middle of some walls. The worst problem though is that the 2nd story floor now has waves of uneven areas (as much as an inch difference), and several interior doors no longer close.

We decided to go ahead and schecule a foundation repair company to bring out an engineer on Monday. He will inspect the house, and give us an estimate on repairs.

At that point, we plan on hiring a lawyer, and then getting it straightened out correctly. We will have him review the warranty, and deal directly with the builder.

Thanks again for the advice.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mikebrown999:
Thanks for your the reply and the advice.

The house is 80% brick with 20% wood trim. We have cracks in all 4 corners of the house, as well as in the middle of the wood siding. Most of the other cracks are in the plaster board at the corners, over doors, and even in the middle of some walls. The worst problem though is that the 2nd story floor now has waves of uneven areas (as much as an inch difference), and several interior doors no longer close.

We decided to go ahead and schecule a foundation repair company to bring out an engineer on Monday. He will inspect the house, and give us an estimate on repairs.

At that point, we plan on hiring a lawyer, and then getting it straightened out correctly. We will have him review the warranty, and deal directly with the builder.

Thanks again for the advice.<HR></BLOCKQUOTE>

Is the interior structure of the home brick also or is it concrete, wood or metal studs? There could be an interior live/dead load structural deficiency and/or a foundation condition. I have some concern over the condition of the soil. Do you know if there was a soils report and soils engineer on the project who confirmed the soil condition prior to the foundation being constructed?

On the 2nd level floor, are you saying that the differential finished floor elevation is now 1 inch as compared to zero when new?