Warranty advice regarding the damage caused by storm water pipe not connected to silt pit

ssyi · Sep 01, 2024 2:13 am

Hi All,

I am seeking your expert opinion regarding the slab heave and changes in the house level of my residence, which was constructed four years ago by a reputable builder based in Melbourne.

A few months ago, we observed concrete heave and cracked tiles and subsequently engaged the builder’s warranty department. The builder conducted a level check and identified a significant variation in ground levels: one side of the house had subsided by up to 19mm, while the other side had risen by 14mm from the original level.

Following this, a CCTV drain inspection was performed, revealing that the drain outlet pipe was not connected to the silt pit. Instead, it was exposed to the surrounding soil, a defect that has now been rectified (please refer to the attached images).
Isn’t the disconnected stormwater pipe a major defect that has been exposed to the soil for the past four years, leading to clay saturation, slab damage, and the ground level changes we are currently experiencing? Despite this, the builder seems to downplay the issue, attributing it to routine land movement and minor deviations in concrete slope (45mm fall instead of the recommended 50mm. Notably, during their warranty inspection, the slope exceeded the recommended limit. Furthermore, the foundation movement and water damage have also adversely affected the levels of the concrete paving.)

If the builder attempts to evade responsibility, what legal recourse do I have with the VBA or in court?

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Thanks,
sschy

ssyi · Sep 01, 2024 2:32 am

I missed to mention that the change in floor level has occurred despite the house being supported by 50 bored piers Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅

Thanks,
sschy

Eng. B A · Sep 01, 2024 5:59 am

1- you seem to have a serious slab movement problem due to moisture ingress from leaking pipes that caused more likely loss of soil bearing capacity and settlement of footings/supports rather heaving of clay. (As you have settlements in one side of house not heaving in middle of slab).
2-you can relate the leaking pipe location to the settling side of slab I expect.
3-piers under the slab has nothing to do with loss of soil bearing capacity due to leaking pipe. As the whole slab with piers under are expected to move.
4-seasonal ground movement (normal movement) are normally covered in the design of slab process as it’s expected. That’s why you may have deep footings and piers under footings/slab. So if there is an issue with seasonal movement, then it’s the builder or engineer issue or both.

ssyi · Sep 01, 2024 8:53 am

Eng. B A

1- you seem to have a serious slab movement problem due to moisture ingress from leaking pipes that caused more likely loss of soil bearing capacity and settlement of footings/supports rather heaving of clay. (As you have settlements in one side of house not heaving in middle of slab).
2-you can relate the leaking pipe location to the settling side of slab I expect.
3-piers under the slab has nothing to do with loss of soil bearing capacity due to leaking pipe. As the whole slab with piers under are expected to move.
4-seasonal ground movement (normal movement) are normally covered in the design of slab process as it’s expected. That’s why you may have deep footings and piers under footings/slab. So if there is an issue with seasonal movement, then it’s the builder or engineer issue or both.

Thank you @Eng. B A, I appreciate your quick assistance.

As I am not in the industry, if the builder attempts to evade responsibility by attributing the issue to unrelated factors such as neighboring properties, small plants, or the slope of the concrete around the house being marginally less than their warranty requirements (which I believe only applies to the 25-year extended structural warranty that they issued after the 12-month inspection), whom should I engage? Should I hire a private inspector to document the details of the defect/structural problem to present it to the Victorian Civil and Administrative Tribunal?

Currently, the builder has proposed a plan to monitor ground levels every three months for the next year. I am uncertain about the actions they will take afterward. However, I am concerned that they intend to downplay the real issue of the leaking stormwater pipe and instead relate it to minor unrelated factors. Therefore, I am seeking advice on whom I can engage to support me with the right technical details without incurring significant costs.

P.S.: I engaged a leading private inspection firm for the Pre-Slab, Frame Stage, Lock-Up Stage, Fixing Stage, and PCI inspections during the original construction. However, they failed to identify the defect of the disconnected stormwater pipe.

Thanks,
sschy

SaveH2O · Sep 01, 2024 9:32 am

ssyi

P.S.: I engaged a leading private inspection firm for the Pre-Slab, Frame Stage, Lock-Up Stage, Fixing Stage, and PCI inspections during the original construction. However, they failed to identify the defect of the disconnected stormwater pipe.

Building consultants who do inspections do not do forensic storm water and sewer pipe inspections. This vital inspection needs to be arranged separately at PCI. This forum is littered with after the fact examples of why such inspections should always be done. Plumbing is self regulated and compliance certificates mean little.

Re the path slope, this is only part of the 'insurance'. The water drained away from a house wall also needs to be diverted to a drain and not let pool against the path. Was this done?

Your builder's intent to "monitor ground levels" for 12 months is the standard course of action as the situation is not an overnight fix. Your builder has been proactive, did he also engage a geotechnical engineer to record the moisture levels at varying depths around the house perimeter?

You also need to establish a communication paper trail. If something isn't written, it was never said!

groundzero is the resident forum expert in the art and I expect he will be along soon. You would be helping him if you first identify the area where you have built so he knows your soil type.

Eng. B A · Sep 01, 2024 10:10 am

If you are going through the litigation, then you may need an independent professional forensic engineer to document the damage, the cause of damage and repair recommendations.

ssyi · Sep 01, 2024 10:56 am

SaveH2O

ssyi

P.S.: I engaged a leading private inspection firm for the Pre-Slab, Frame Stage, Lock-Up Stage, Fixing Stage, and PCI inspections during the original construction. However, they failed to identify the defect of the disconnected stormwater pipe.

Building consultants who do inspections do not do forensic storm water and sewer pipe inspections. This vital inspection needs to be arranged separately at PCI. This forum is littered with after the fact examples of why such inspections should always be done. Plumbing is self regulated and compliance certificates mean little.

Re the path slope, this is only part of the 'insurance'. The water drained away from a house wall also needs to be diverted to a drain and not let pool against the path. Was this done?

Your builder's intent to "monitor ground levels" for 12 months is the standard course of action as the situation is not an overnight fix. Your builder has been proactive, did he also engage a geotechnical engineer to record the moisture levels at varying depths around the house perimeter?

You also need to establish a communication paper trail. If something isn't written, it was never said!

groundzero is the resident forum expert in the art and I expect he will be along soon. You would be helping him if you first identify the area where you have built so he knows your soil type.

Thank you SaveH2O. No, they haven't engaged the geotechnical engineer. Soil type is class P..

ssyi · Sep 01, 2024 10:59 am

Eng. B A

If you are going through the litigation, then you may need an independent professional forensic engineer to document the damage, the cause of damage and repair recommendations.

Thank you, Eng. B A,