Browse Forums General Discussion 1 Sep 20, 2020 12:42 pm Hi all, I built a new home that was completed and occupied in February this year- so a little over 6 months ago.
Since we have moved in, the cornices are cracking and falling apart, there are huge cracks in the gyprock bathroom walls, wall tiles cracking in the bathrooms, grouting and silicone coming apart in kitchen and bathroom to the point where we can't use the shower in the main bathroom without flooding the area, most of the doors throughout the house can't be opened or closed, the ceiling has started to bow, floor boards are coming up and forming mounds in the flooring etc. I could go on and on. The builder assured us that he would be back to do touch ups and minor repairs but so far he's done basically nothing. Eventually I complained and the company sent an engineer out to do an inspection and report on the property. The report basically says that drainage is inadequate and the concrete pathway around the house doesn't have the appropriate angle of fall which has caused moisture to get under the slab resulting in slab heave. They recommend surface drainage being installed, the pathway being re-installed at the correct angle of fall and checking plumbing for pipe leaks etc. They say that the drying out process that hopefully leads to the house settling back down should take 6-12 months and that cracks should be monitored throughout this period. Once this has occurred, the internal damage can then be repaired. Basically the builder keeps delaying and stalling and won't give me any kind of commitment about when this remedial work will commence. At one point in frustration, I wrote a negative review about him and his business online at which point a customer service rep from the company contacted me begging me to remove the review and vowing to work with me until the situation was rectified. She promised a schedule of works in writing would be prepared. As a show of good faith, I removed the review and now it's back to stalling and claiming that what has happened is not really their fault and they're under no obligation to assist me but they'll do what they can to help where possible. When I mentioned to the builder about the $6000 concrete pathway not having adequate fall to drain water away from the main structure, he responded with "Yeah we can have a look at that but it was fine when we put it in." I really get the feeling they are just trying to ignore me hoping I give up whilst giving me assurances that eventually something will happen. Now the builder is telling me to talk to the customer service rep and the customer service rep keeps telling me to talk to the builder. Meanwhile nothing gets done. I'm getting really frustrated and don't know where to go or who to turn to. Has anyone got experience with a situation like this and be willing to share how they dealt with it? I wish I could sell the house and move on from this nightmare but a) no one would buy it and b) even if they would, it would be at such a massive discount to what we paid that it would ruin me financially. I have a wife and a son and I am the sole income earner so we are not a wealthy family and very expensive legal proceedings are probably not an option we could pursue. One more thing, the house is built on a waffle slab that was supposedly over engineered to cope on class H2-D soil. (Soft and highly reactive). Cheers. Re: Slab heave nightmare. I don't know what to do- please he 3Sep 20, 2020 2:21 pm Adman I built a new home with Hotondo homes that was completed and occupied in February this year- so a little over 6 months ago. They say that the drying out process that hopefully leads to the house settling back down should take 6-12 months The above is absolute garbage. Heaved slabs do not settle back in their original position and the time frame is absurd. Firstly, you need your own engineer to take slab levels which will need monitoring for at least 2 years. You should also have a CCTV recorded cam inspection of all pipes under the slab. It is often said by slab heave experts that nearly half of all heave cases are caused by poor plumbing. Look for a plumbing firm that does forensic inspections. Can you see the original position of the path where it abuts the house? Has the intersect changed? Is there a spoon drain or similar on the outside of the path that takes the run off to a silt pit? Lack of drainage is incompetence that allows a concentrated amount of water to pool next to the path and it is this single factor that accounts for most paths to lift on the outside edge and reverse slope. The reverse slope is a symptom, not the cause as the builder has already stated that the path was the correct slope when laid. Do you have photos of the site drainage during construction? Do you have photos that show the roof on during construction? Also lookup historical site photos, they often prove invaluable. Heave doesn't happen overnight, what you describe has most probably been subject to a longer time influence but were there any signs of concern during PCI? You also need the services of a legal person with experience in heave. Read through the slab heave posts posted bu Mauromario, I have linked his profile below. The appropriately credentialled legal person mentioned in latter posts might be able to recommend someone in NSW. Don't trust a regular solicitor, most of the (very) ordinary blood sucking parasites won't admit to not knowing about subject matters they have not moral right to take on. https://www.homeone.com.au/member/mauromario All in all, the builder built the house and laid the path but you still need to gather evidence and be prepared for the builder to drag it out as is their wont. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Slab heave nightmare. I don't know what to do- please he 4Sep 20, 2020 5:23 pm SaveH2O Adman I built a new home with Hotondo homes that was completed and occupied in February this year- so a little over 6 months ago. They say that the drying out process that hopefully leads to the house settling back down should take 6-12 months The above is absolute garbage. Heaved slabs do not settle back in their original position and the time frame is absurd. Firstly, you need your own engineer to take slab levels which will then need monitoring for at least 2 years. You also need to have a CCTV recorded cam inspection of all pipes under the slab. It is said by slab heave experts that nearly half of all heave cases are caused by poor plumbing. Look for a plumbing firm that does forensic inspections. Can you see the original position of the path where it abuts the house? Has the intersect changed? Is there a spoon drain or similar on the outside of the path that takes the run off to a silt pit? Lack of drainage is incompetence that allows a concentrated amount of water to pool next to the path and it is this single factor that accounts for most paths to lift on the outside edge and reverse slope. The reverse slope is a symptom, not the cause as the builder has already stated that the path was the correct slope when laid. Do you have photos of the site drainage during construction? Do you have photos that show the roof on during construction? Also lookup historical site photos, they often prove invaluable. Heave doesn't happen overnight, what you describe has most probably been subject to a longer time influence but were there any signs of concern during PCI? You also need the services of a legal person with experience in heave. Read through the slab heave posts posted bu Mauromario, I have linked his profile below. The appropriately credentialled legal person mentioned in latter posts might be able to recommend someone in NSW. Don't trust a regular solicitor, most of the (very) ordinary blood sucking parasites won't admit to not knowing about subject matters they have not moral right to take on. https://www.homeone.com.au/member/mauromario All in all, the builder built the house and laid the path but you still need to gather evidence and be prepared for the builder to drag it out as is their wont. Thank you for your detailed reply. There is no drainage at all besides a mild slope down from the concrete pathway to the fence line. The engineers report has recommended proper drainage be installed. I have no photos of drainage from during construction phase however I can tell you that when it was built, we were essentially in drought and I don't think it rained once during the entire process. (Dubbo). The rain came once we had moved in and it came in heavy. I have photos with the roof on during construction however only from the front (street view) which I don't think will be much help. I am thinking that I am going to lodge my case with Fair Trading NSW this week as the builder and the "customer service rep" I've been dealing with from Hotondo are being passive aggressive, evasive, non-committal and uncooperative. I'm also going to be contacting a construction solicitor from Sydney (I don't want anyone local) name Michael Birch who seems to come highly recommended. I know this won't be cheap and I don't even know if I have the funds to see it through (assuming it goes that far) however I can't just sit here watching my house fall apart knowing I could never sell it even if I wanted to. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Slab heave nightmare. I don't know what to do- please he 5Sep 20, 2020 6:30 pm Adman I am thinking that I am going to lodge my case with Fair Trading NSW this week as the builder and the "customer service rep" I've been dealing with from Hotondo are being passive aggressive, evasive, non-committal and uncooperative. I'm also going to be contacting a construction solicitor from Sydney (I don't want anyone local) name Michael Birch who seems to come highly recommended. I know this won't be cheap and I don't even know if I have the funds to see it through (assuming it goes that far) however I can't just sit here watching my house fall apart knowing I could never sell it even if I wanted to. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Unfortunately, it is still early days yet and the builder can say that they are proactive and waiting for movement to stabilise which is essentially correct. I would see the solicitor before lodging with Fair Trading and take his advice and I would also have the slab levels recorded before seeing the solicitor. This is vital information. Re the path, it isn't compliant anyway, look where the weep hole and Damp Proof Course (DPC) is. The regulations are covered in the Building Code of Australia (BCA) which is Part 2 of the National Construction Code (NCC). The Three Part National Construction Code can be downloaded free of charge. "The height of a DPC, or flashing serving as a DPC must be not less thanโ (i) 150 mm above the adjacent ground level; or (ii) 75 mm above the finished surface level of adjacent paved, concreted or landscaped areas that slope away from the wall". There are other measurements for properties in a low rainfall intensity area (an Average Recurrence Interval that is 120 mm/hr or less which is based on an average rain intensity of 2mm per minute over a 5 minute duration). Dubbo is not in a low intensity rainfall region. I don't have a copy of AS 2870 but I think that drainage on reactive soils is covered in there. Of course AS 2870 needs to be legally referenced but I feel that surface drainage to prevent pooling is covered within AS 2870. You need to verify. Were there any drainage requirement specifications stated on the slab plan by the engineer? 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Slab heave nightmare. I don't know what to do- please he 8Sep 20, 2020 9:35 pm Australian Standards have no legal standing unless they have been legislated or referenced in a contract. As to what part/parts of AS 2870 applies to your contract and construction needs to be perused by the solicitor. This is important. State variations can also override the NCC and AS. The NCC sometimes criss crosses the AS, it can become confusing but it has to be remembered that in the event of a conflict between the 3 Part NCC and a referenced AS, the NCC, as the primary document, has hierarchy but a mix of the two can also be used! 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Slab heave nightmare. I don't know what to do- please he 9Sep 21, 2020 10:59 am SaveH2O Australian Standards have no legal standing unless they have been legislated or referenced in a contract. As to what part/parts of AS 2870 applies to your contract and construction needs to be perused by the solicitor. This is important. State variations can also override the NCC and AS. The NCC sometimes criss crosses the AS, it can become confusing but it has to be remembered that in the event of a conflict between the 3 Part NCC and a referenced AS, the NCC, as the primary document, has hierarchy but a mix of the two can also be used! Wow SaveH20, its no wonder there is the ongoing problem of slab heave when there is such a convoluted approach ... Why does NCC even try and replicate / duplicate standards such as AS2870 ? This will just lead to discrepancies and confusion. For example: NCC 3.2.5 does not include H1 and H2 soil classes (it only has the original H class) The deemed to comply designs in NCC Table 3.2.5.5c don't match AS2870 NCC doesn't cover waffle slabs. On this last point, since waffle slabs are not covered then do these NCC 3.2 provisions come into play Appropriate Performance Requirements Where an alternative footing system is proposed as a Performance Solution to that described in Part 3.2, that proposal must comply withโ (a)Performance Requirement P2.1.1; and (b)Performance Requirement P2.2.3; and (c)the relevant Performance Requirements determined in accordance with A2.2(3) and A2.4(3) as applicable and Performance Requirements P2.1.1 and P2.2.3 are satisfied for footings and slabs if they are installed in accordance with one of the following: (a)The footing or slab is constructed in accordance with AS 2870. (b)Piled footings are designed in accordance with AS 2159. and as a result AS 2870 including Section 5 of AS2870 are now in play. I must say it seems a bit sad to need legal advice for the correct specification of a residential slab. Speaking of legal advice here is high profile case of slab heave that Metricon lost http://www7.austlii.edu.au/cgi-bin/view ... 4/277.html Re: Slab heave nightmare. I don't know what to do- please he 10Sep 21, 2020 1:38 pm It should be noted that Australian Standards are produced by Standards Australia, a non government not for profit organisation. The NCC is a performance based document that references many AS as Deemed To Satisfy solutions but where AS 2870 is concerned, it deals with plumbing and construction whereas it may not be referenced for both in the NCC. The NCC, being performance based, allows for new developments and techniques to be used as Performance Solutions provided they are certified as meeting the Performance Requirements of the NCC. Many people also do not know that several years ago the NCC dropped acceptance of manufacturers recommendations for installation etc of their products. New home buyers are disadvantaged by the builder lobby group's standard contracts but they don't realise this until a construction issue arises. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Slab heave nightmare. I don't know what to do- please he 11Jan 02, 2021 12:18 am In case anyone is interested in my situation, I have engaged a solicitor as the builder ended up claiming that he is not responsible for what has happened to my house and that the damage is my fault due to (according to him) overwatering of the turf. The turf was laid in April and I have emails with accompanying photographs that I sent him also in April where I describe my concerns with all the cracking and movement that was occurring and in which I ask him if such is normal. This email was ignored at the time. The turf was watered in line with the recommendations given to me by the builder and the gentleman who installed the sprinkler system however the builder is making ludicrous claims like I watered the turf for "well in excess" of two hours per day, every day for months on end which is an outright lie. Of course I have my water usage on my council rates notices which clearly indicate that what he is claiming could not possibly be true. The builder, through his solicitor has recruited a hydrological engineer to "confirm" that the damage to my house was caused solely by me and my alleged overwatering of the turf. He has offered to perform some very minor rectification work provided I enter into a deed of release which I am not prepared to do. Acting on my solicitors advice, I have lodged my case with NSW Dept of Fair Trading and assuming that leads nowhere, we will be lodging at NCAT after that. It looks like I have a long and expensive legal fight on my hands. I will keep you all posted. Re: Slab heave nightmare. I don't know what to do- please he 12Jan 02, 2021 7:56 am "Minor rectification work" will be a short term cosmetic cover up. Did you have slab levels recorded? Re the 'path'...the builder had it installed at a non compliant height (see my prior post) and without a spoon drain or similar. This has allowed water to pool at the path's edge. Also, the 'path' looks like pavers (are they?), is too narrow and not conducive to good drainage. It was a cheapskate effort. Also record the path's depth and how the base was constructed. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ What direction does most of your rain come from? It has to he remembered that the house wall also serves as a rain catchment when there is a breeze or greater when the wall faces the weather. Their claim that overwatering the turf has caused the problem can be easily refuted by evidence as to when the turf was laid, by your water bills and by your paper trail. Have you had the stormwater and drain (DWV) pipes forensically examined by recorded CCTV? 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Slab heave nightmare. I don't know what to do- please he 13Jan 02, 2021 12:28 pm SaveH2O "Minor rectification work" will be a short term cosmetic cover up. Did you have slab levels recorded? Re the 'path'...the builder had it installed at a non compliant height (see my prior post) and without a spoon drain or similar. This has allowed water to pool at the path's edge. Also, the 'path' looks like pavers (are they?), is too narrow and not conducive to good drainage. It was a cheapskate effort. Also record the path's depth and how the base was constructed. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ What direction does most of your rain come from? It has to he remembered that the house wall also serves as a rain catchment when there is a breeze or greater when the wall faces the weather. Their claim that overwatering the turf has caused the problem can be easily refuted by evidence as to when the turf was laid, by your water bills and by your paper trail. Have you had the stormwater and drain (DWV) pipes forensically examined by recorded CCTV? Thank you for your response H20. I appreciate you taking the time. I recently paid $3500 for my own engineering report and I am still waiting on receiving this. The process has been slow due to Christmas holidays etc. The engineer did pick up on the issues with the pathway as you kindly pointed out to me in a previous post. The path is not pavers, it is concrete. Yes, when the engineer did his inspection, he brought a plumber with him that looked through the pipes with a CCTV camera and did not observe any cracking or other issues. He did mention that at a certain join, a "knuckle joint" was supposed to be used but had not been. To be completely honest, I couldn't tell you what direction the rain usually comes from. Thanks again. Re: Slab heave nightmare. I don't know what to do- please he 14Sep 07, 2021 10:19 am Adman SaveH2O "Minor rectification work" will be a short term cosmetic cover up. Did you have slab levels recorded? Re the 'path'...the builder had it installed at a non compliant height (see my prior post) and without a spoon drain or similar. This has allowed water to pool at the path's edge. Also, the 'path' looks like pavers (are they?), is too narrow and not conducive to good drainage. It was a cheapskate effort. Also record the path's depth and how the base was constructed. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ What direction does most of your rain come from? It has to he remembered that the house wall also serves as a rain catchment when there is a breeze or greater when the wall faces the weather. Their claim that overwatering the turf has caused the problem can be easily refuted by evidence as to when the turf was laid, by your water bills and by your paper trail. Have you had the stormwater and drain (DWV) pipes forensically examined by recorded CCTV? Thank you for your response H20. I appreciate you taking the time. I recently paid $3500 for my own engineering report and I am still waiting on receiving this. The process has been slow due to Christmas holidays etc. The engineer did pick up on the issues with the pathway as you kindly pointed out to me in a previous post. The path is not pavers, it is concrete. Yes, when the engineer did his inspection, he brought a plumber with him that looked through the pipes with a CCTV camera and did not observe any cracking or other issues. He did mention that at a certain join, a "knuckle joint" was supposed to be used but had not been. To be completely honest, I couldn't tell you what direction the rain usually comes from. Thanks again. Hi Adman, Now I got same issues like you. I built my new house three years ago in Melbourne. I found many cracks on ceiling and wall few months ago. The builder inspected my house and then he said I need to remove footpath and reinstall because it hasn't proper angle according to Victoria building regulations. And then he needs to monitor the house heaving. So I asked him if I replace the footpath, is the slab heaving going to be steady? But he never answered about my question and keeps talking about other things. I'm so frustrated now. I just need a clear solution about my problems. Can you share your situation with the builder at the moment? Now I'm seriously looking for a legal adviser about my issues. Thank you Re: Slab heave nightmare. I don't know what to do- please he 15Sep 07, 2021 12:42 pm If you are interested in my case, there is a MUCH more detailed thread where you can learn about everything that has happened to me and where my situation is up to: https://forums.whirlpool.net.au/thread/3p8n8lx3 I had an old shower unit that broke on me and when I took it off, there were only 2 water pipes, instead of the normal 2 water pipes and a shower head pipe. S o I… 0 36936 The most definitive answer to your question James is this taken from the James Hardie Axon Cladding Installation Guide - i just happen to have it… 5 3661 Thankyou so much ๐ I've decided on White on white for doors and trims, White on white 50% on ceiling and Mt buller for walls. Fingers crossed it will look OK ๐ 2 7158 |