Exposed footing at risk?
My contractor has left a 3-4′ wide hole in the ground, immediately next to the footing and extending 2 feet below the base of the footing. (They had to correct a sleeve under the footing that was badly sloped the wrong way for my crawl space drain.)
This hole has been full of water for a couple weeks now, and we are expecting a hard freeze this weekend (below 20 F).
The subsoil is a moderate shrink/swell clay, and I’m concerned that this exposed saturated clay may freeze below the footing. I’ve asked repeatedly that they drain the water and fill the hole with properly compacted soil, but they keep putting it off.
How critical is it that they do this soon to protect my foundation? We’re expecting more nights in the mid-20’s and highs in the 30’s next week. Or is this not a problem until the temperatures get colder for longer? Thanks.
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Debra,
It is hard to answer your question about "how critical" it is to drain the hole. But it would seem prudent to do so. The usual method of protecting exposed footings in cold weather (after draining away any standing water) is to protect the sides (and/or tops) of the footings with hay.
If you are able to cover the opening with a tarp, or blankets (anything that will restrict air movement), that will be very helpful for a short term. This will significantly increase the time it takes for the water to freeze. In the long term, you have to drain that hole, so if you can get that done sooner rather than later, it will be less work.
Rigid foam over the hole would block cold and reduce new water entry if it rains.
Thanks for the suggestions. I'll see what I can do, though I'm really aggravated that I have to be the one to deal with it. The contractor should. Unfortunately, the exposed foundation drains will keep feeding water into this hole until it is properly filled in.
Remember that the frost/freeze warnings are usually issued for protecting plants. It doesn’t have to dip below freezing very long to kill sensitive plants.
For your hole, much of the water is below the frost line since your footing should be below the frost line. Unless it’s going to stay down below freezing for more than a few hours, you probably won’t get much more than a crust of ice on top of the water. It is very unlikely that enough of the water will freeze to be a real problem unless it stays below freezing for days, even with the open hole.
As others have said, try to tent the hole with a tarp or piece of plywood/OSB. The idea is to cover it a little so it doesn’t loose as much heat. You don’t need anything fancy. Chances are, a few days will be all you need. Ask your contractor to sign something stating that they are responsible for any freeze damage now that you’ve brought this issue to their attention. Watch how fast they fix it after that :-)
Bill
Bill, I like your suggestion about making them responsible for any freeze damage. It will be below freezing for over 15 hours, including below 20 F for 3-4 hours.
The surface of the footing is fully exposed to air - at grade level in the crawl space floor, and on the outside of the stem wall in a trench 4 feet wide that hasn't been backfilled yet.
So there is no depth of nearby soil to help keep the footing warm, and we won't be starting framing until spring. We do plan to insulate the footings inside the crawl space excavation during the winter, and are trying to get our contractor to backfill the foundation trench on the outside as soon as possible.
If the concrete is fully cured, it should be ok. Concrete is sensitive to freezing while it’s curing, but afterwards it doesn’t really care. A solid block of ice might but strange forces on things, so that’s what would concern me. I don’t think you’ll be cold enough long enough for that much water to freeze enough to be a problem, but it’s wise to play it safe.
I would do two things to protect yourself and your footing: have the contractor sign something like I mentioned earlier about this so it’s on record. Ask them for a copy of their insurance (an “accord” form) listing you as “additionally insured” (this means you can bypass your contractor and go direct to their insurance company if needed). That’s standard stuff and should be no problem for them to produce, but their liability insurance probably won’t cover this type of issue (ask anyway, the purpose is to keep them from ignoring your request to backfill). You could also ask about a performance bond, which is essentially a guarantee that they’ll complete the project in some amount of time or you’ll get money from the bond company to use to hire someone else. Normally bonds are requested prior to job start though since they add some cost to the project. Again though, you want your contractor to understand you’re really concerned and want things fixed/completed, you’re not really trying to cause problems.
One other thing I just thought of. You said they excavated UNDER the footing. Be ABSOLUTELY CERTAIN they compact the backfill under the footing. Soft ground under a footing is very bad.
Thinking outside the box a little, and assuming you have electrical power on your job site, you could buy a cheap submersible aquarium heater (a big one, 300w or more), and put it in the water to help keep it from freezing. These heater systems are around $30-40 or so at pet stores. Be sure it’s on a GFCI and tell your crew about it to keep things safe. You only need to keep the water a teensy bit above freezing so it doesn’t matter if the heater never gets to its set point, you just want it to add heat.
Bill
I've seen several posts where you highlight gross deficiencies from your contractor. I would fire them immediately (after you secure another contractor to take over). I would withhold any and all further payments to this clown, and launch the first lawsuit. Harsh advice? Yes. In my experience, if you don't stop this guy now you will get into more and more trouble as you go.
Well maybe not a lawsuit right off the bat, but I would be very strict about any remaining payments, if any.
Giving the contractor the boot is definitely something worth considering, depending on who owes who, and how much. A lawsuit is likely to be a nightmare.
Yes, I've started the process of looking for a replacement contractor, though I haven't fired my current one quite yet. Winter is fast approaching, and I really need several things finished up quickly before the ground freezes.
I only hired my current contractor for the excavation/grading, driveway, retaining wall, yard drainage system, and foundation. And he's managed to screw things up every single step of the way! Starting on the very first day he began work, he received 2 code violation notices and a stop work order. And it's been downhill since then.
So far, we've only paid 50% of the contract amount. I'm not looking forward to the arguments over how much more we may still owe him for work completed. But we have documentation of dozens of errors that I've already had to force him to correct. Many of these are not minor things, either.
A culvert under the driveway that got crushed within 2 weeks due to improper installation, the house footings poured 4" out of square, the base of the retaining wall installed incorrectly, failure to properly overlap rebar at all corners of the foundation stem walls, installing rebar just 3/4" under top of concrete wall, the drain sleeve under footing installed sloping strongly towards the crawl space, installing the wrong brand of damp proofing membrane, etc, etc. Who knows what else was done wrong when I wasn't there to observe the work before it was covered up.
I had spoken briefly with a lawyer just 2 weeks into this project, and he strongly suggested that we try to continue working with this contractor to avoid the conflict of arguing over who owes who how much money if we terminate the contract. But at this point, I just can't deal with it any more! The stress has been incredible. I'm just praying we can find a decent replacement immediately, as the ground will start freezing soon.
Your lawyer has a point about the arguments regarding payments, but since this is a forum for construction, let me give you another perspective: what happens 10, 15 years from now if the foundation starts to fail? Major settling? Have you ever seen the kinds of costs you can have to repair a failing foundation? Costs to fight your current contractor will probably be small in comparison.
The first thing you need is someone you can trust that knows this type of construction work. If you’re working with an architect, and you like your architect, see if they can recommend a good general contractor to you. I don’t mean a “jack of all trades” general contractor, I mean a commercial “I oversee all the trades on the job site” kind of general contractor. Hire that general contractor, have him inspect the work already done and supervise whatever is left. You need a trusted third party to give you an honest assessment of the quality of the work that’s already been completed. If you do have to go after your current contractor legally, the third party professional can help by documenting problems.
The fact that your current contractor has already had so many code problems makes me think they aren’t really qualified to do the work. Don’t wait to deal with these issues. It is FAR better, and MUCH cheaper to get things done correctly now than to try to fix things later.
Contractors like this one are the kind that give the rest of us a bad name, unfortunately.
Bill
"the house footings poured 4" out of square, the base of the retaining wall installed incorrectly, failure to properly overlap rebar at all corners of the foundation stem walls, installing rebar just 3/4" under top of concrete wall, ..."
Don't take this as professional advice since I'm not the engineer of record and probably not even registered in your state, but hypothetically, the above situation you outline could potentially be grounds for complete tear out and redo of the project. At the contractors expense.
I don't think any of us are in position to reach that conclusion. How many of those defects did Debra have them correct? How many of them materially affect the quality of the foundation?
Mr Barker, I was able to force them to make corrections for those particular errors before the stem wall was poured. However, my plans and our building code required a row of horizontal rebar located mid-height in the 3' tall wall (in addition to a row towards the top) - but they placed that row just 6" above the base of the wall instead of mid-way up.
I don't know how critical that mistake is in the long-term stability of the wall. And they waited so long to install the anchor bolts that they ended up hammering them into the hardening concrete. Sigh...
I'm in Virginia. Do you have any suggestions on how I could find an engineer that could tell me if the stem wall needs re-doing or is OK as is? I have photos of the rebar placement before the pour. Thanks.
I can't comment on the specifics of your situation, I was just trying to convey in general these can potentially be serious issues. Even in commercial projects I have seen complete tear outs required for incorrect concrete pours, etc.
You have a couple of ways you can approach this in my opinion. Find another contractor who has absolutely stellar references in custom residential or light commercial building projects, and have them take over. A top notch contractor will know what to do as soon as they see the situation.
The other option is to contact the professional engineering association for Virginia and ask for a list of registered PE's in your area, hopefully by discipline. A civil engineer with experience in building construction is probably best for this situation. It will cost you a bit, but you will get the definitive answers.
Thank you so much, T! I appreciate your suggestions.
Thanks, Bill, for your suggestions. I appreciate them. My current lousy contractor is actually the vice-president of our local home builders association. (!?) The construction industry is very busy locally, and it's been hard to find anyone else with time available to take on our small project - especially with Thanksgiving around the corner. But I'll keep trying.
There is a saying in the trades: “what is an inspector? A failed contractor.” Perhaps the same applies to the associations :-)
If you have any contractor you’ve worked with in the past that was good, ask for a referral. Or try commercial builders instead of residential. I’ve always found the commercial guys are more on the ball on average than the residential guys, and it’s probably because they’re usually more closely supervised.
I’m sorry you’re having a hard time finding someone reliable where you are. I’ve always hated seeing people get burned by contractors and it’s one of the reasons I like to help people on forums like this one.
Bill
Thanks a bunch, Bill. I really appreciate all of the information and support that you and other folks provide in this forum.
I wanted to take the time to tell you that I think mr barkers suggestion about involving a PE is an excellent one. Civil engineers know their concrete, a structural engineer would probably be the next choice. PEs are licensed by the state, and they’ll also likely have a list of contractors they trust. Contacting a PE (professional engineer) is probably a great way to get your project on the right track. The PE can also assess wheather or not the foundation has been installed in an acceptable manner for your application.
Bill
Gotcha! I'll start looking tomorrow.
A structural engineer is a civil engineer that specializes in structures. In a lot of cases they focus on large, complex buildings and bridges, and they won't want to be bothered with residential work.
"A structural engineer is a civil engineer that specializes in structures."
Isn't that what we are talking about here? When necessary, I get my houses reviewed by a structural engineer.
Yes, but my point is they are really a Civil Engineer, and that's what you would ask for when you contact the professional engineering association.
The average person uses the term "Structural Engineer", but if I had no idea which firm or person to hire in that area, I would look for a Civil Engineer who works a lot with residential building construction. The "structural" guys are usually working with large buildings and complex loads, and can't be bothered with residential.
Mr. Barker is correct. However, there are civil engineers who specialize in residential applications. Examples are ones you would call to spec an LVL for a reconstruction/stud gut, under-pinning a foundation for an addition, spec'ing Simpson ties for a larger deck, etc. Their fees are, traditionally, less than civil engineers who work on the commercial side. I know of ones in Ontario; I am unaware of ones south of the border. Asking contractors who they use to spec an LVL when they "open up" a client's older house would be a good starting point.
Full disclosure--the firm I work for has a residential division that does such work.
I so far haven't been able to find a local engineer that is willing to do a third party review on a small residential project. Everyone has referred me to the head town inspector. Can't talk to him until tomorrow at the earliest. Meanwhile, my contractor is hounding me for payment for the foundation.
Every single engineer winced when hearing that the anchor bolts were hammered into place. And also said that I appear to know more about these construction issues than 99% of homeowners. (Lucky me?)
In addition, they said it is critical that the water pooled next to the foundation be removed and the foundation get backfilled ASAP. Unfortunately, they confirmed that it will be extremely difficult to find a replacement contractor this time of year. (Sigh...)
Withhold payment until the job has passed inspection. Once the contractor has been paid it will be much more difficult to get any problems addressed.
I doubt those hammered in bolts will have the same pullout strength as bolts properly set during a pour. You are lucky you know enough to see the problems though. Many homeowners think everything is ok until years later when little problems become major issues. It’s always better to catch things early.
Much outdoor construction is winding down this time of year since it gets more difficult to do (and more expensive). My own outdoor underground crews (we install fiber optic cable as part of our work) have maybe another month depending on the weather. When the ground starts to freeze it gets MUCH harder to work.
I’d like to see if I could call over to my contract engineering people and ask if they can call in a favor for you in va (they are licensed in many states and have a lot of contacts), but I don’t know if that’s frowned upon by the admins here or not.
Bill
That would be great, if Martin thinks it is OK to do.
Zephyr and Debra,
If you two want to contact each other by email, I have no objection. Both of you should contact me so that I can put you two in touch with each other. Contact me by email: martin [at] greenbuildingadvisor [dot] com.
Again, "generally speaking", you might consider sending a registered letter or similar (i.e. something you can make sure your contractor receives in writing), and demand water removal/backfill/containment of the existing foundation situation within 24-48 hours. Stress your serious concern about imminent winter weather and the structural integrity of your foundation.
Document everything, including extensive photos, timelines, etc.. Then deal with the rest of the issue later, including new contractor, who owes what.
And don't forget, building inspection departments are rarely if ever qualified to assess any engineering variances to a design, or as-built construction problems. They aren't there to consult, and they usually don't want to. They are there simply to enforce the local "code" the best they can. They will insist on the most conservative solution they can find to cover their liability exposure, unless they are presented with a solution prepared and stamped by a professional engineer.
Hopefully you can get the head town inspector to visit the site and provide something in writing that documents the deficiencies that won't pass inspection. Use this for the impending contractual issues I suspect you are going to have with your existing contractor.
Good ideas, Mr Barker. In fact, we have thoroughly documented all of his mistakes - including photos and videos. I've just summarized his major mistakes, and I needed to squeeze it down to 10 pt font just to fit it all on one page!
He has made 32 errors in just 10 weeks - 12 code violations, 5 installation errors, and 15 violations of our contract and plan specifications. None of these were minor items. No wonder I'm exhausted! But documentation of these extensive problems should be helpful with any upcoming legal battles.
"I so far haven't been able to find a local engineer that is willing to do a third party review on a small residential project."
That's unfortunate. You could also try a firm from a bigger city who won't care that your builder is the Vice President of the local home building association (WTH). But it's probably a matter of money. My guess is they're thinking this is not a simple case and would drag on. To cover their time they would have to charge far more than most residential home projects are willing to pay.
Frankly, I hate to say this, but this is probably going to be an unpleasant battle before you're done with this contractor and get a proper foundation.
By the way, did you check your builder's insurance certificate(s) before starting the project? How much coverage does he have?
Yes, we have a copy of his insurance, which should be enough to cover any issues, if necessary. I do really dread dealing with legal issues, though.
Yes me too. But it sounds like this guy is exactly why we have construction and contract laws.
Debra,
As I recall you are only using this contractor for the foundation, and then will continue on as GC employing other sub-trades. What seems apparent from this and other related threads is that while you have a good understanding of potential problems, you don't have the knowledge to assess the seriousness of the things you find.
If you can not rely on your building inspector to notice and correct important defects, I'd suggest employing someone with construction experience to oversee, or at least inspect, future work as it is done. Apart form assuming good-faith on the part of the rest of the trades that will be involved, there really isn't any reason to think the remainder of the project will be any different.
That's a good idea, Malcolm. You're right that I can't truly assess how serious different issues may be. But how do I find someone willing to do that AND who has enough knowledge to do a good job of inspecting the work? All the best contractors are very busy around here.
I can't wait to start taking on part of the work myself, once the heavy grunt work is done and the house is framed next spring. I may not be perfect, but at least I carefully follow directions and ask questions if in doubt.
Debra,
Who did the drawing for your house? Traditionally the architect acted as the owner's representative, both to inspect that the work followed the contract drawings, and to ensure it was done to an acceptable standard. Now that position has in many areas been usurped by Project Coordinators. The benefit of employing one is that they also understand the sequence of construction, and what the tasks are that need to be performed.
I have a friend who took four houses to lock-up this summer, with the understanding that the owners would CG from then on. Three of them have returned and asked if he would take over once they realized what was involved.
I forget how big Debra's house is, but rarely do I see an Architect involved in any residential project under 4,000 sq.ft. Even then, they can be retained in several different ways. In my experience, most residential house plans are subbed out to someone who does them on the side at night.
Right - which is why I wrote that traditionally that was the case, and now more commonly it's a project coordinator acting as the owner's representative. In any event she need someone who knows what they are doing that she can trust.
Yes, good point.
I haven't come across Project Coordinators on residential. How do they differ from a General Contractor?
We had an architectural designer from a well-respected local contractor prepare our plans. We had wanted to work with that company for the build, but we simply couldn't afford them. They wanted to charge over $280,000 for a very modest 1,300 sq ft single story home with a crawl space. Crazy! Price was still too high with other local builders, too.
That's why we decided to do most of the interior work ourselves, except for drywall. I built a house 20 years ago, so I'm somewhat familiar with the process - though products and code requirements have changed quite a bit since then.
Unfortunately, our modest home project isn't very attractive to most contractors, so it's been a real challenge getting anyone decent to help us out.
A suggestion: try renting (or buying, it might be cheaper to buy then rent) a drywall lift. Hang your own drywall, then hire a drywall finisher to do all the tape and mud work. Hanging the drywall is just grunt work but not terribly difficult, and nothing you can’t handle as long as you can lift the sheets of drywall. All the skilled work is in the finishing and a good finisher can go through and finish everything better, and faster, than you probably could unless you do it all the time. This might save you some money on your project.
If you go this route, it may be worth having the finisher prime the drywall too, if they’re able. That ensures that any surface defects — which tend to stand out more after priming sometimes — get fixed before the finisher leaves the job.
Bill
Bill, installing the drywall boards ourselves would normally be a good idea, but my sister and I are in our 60's and my hands are badly damaged from psoriatic arthritis. So we aren't up to handling the heavier grunt work, unfortunately.
Mainly in terms of liability. Unlike a GC, all the contracts are through the owner. You could call them fixers or middle-men.
With more owners choosing to GC their own projects, I wouldn't be surprised to see a different type of consultant emerge, with a role much like Patient Advocates have in health care. Someone who could advise owners right from the design phase to completion.
I am now in trouble with the building inspectors - something I've badly been trying to avoid. The engineers I spoke to not only said that they couldn't help me, but that I needed to speak with the head inspector.
Then, without my knowledge or permission, they sent a copy of my general foundation concerns to the two main supervisors of the inspector that I have to work with - the inspector that approved my foundation reinforcement that did not meet code.
When I tried to speak with the head inspector, he wouldn't talk with me, and instead had me speak again with the inspector I have to deal with every day. (The permit technician warned me that he was really mad.)
This is the one that said it was OK to hammer anchor bolts into the hardening concrete, and that it was OK to have my horizontal rebar at the bottom of the wall instead of mid-way, or 13" below the top instead of less than 12", as specified by code.
When I briefly tried to ask again about the positioning of two sections of the horizontal rebar, he told me that it wasn't important because my foundation wall did not require any horizontal rebar. Which to the best of my knowledge is NOT true!
I said I saw the code that stated the requirements for this. He still insisted it was not required. I let it drop and left. But if it wasn't required, why did he go to the site to confirm that the missing overlapping rebar was being added to all the corners?
This is what I found afterwards: TABLE R404.1.2(1) in the 2012 Virginia Residential Code - the code covering my house when I obtained the permit (Virginia's pretty late in updating code requirements).
MINIMUM HORIZONTAL REINFORCEMENT FOR CONCRETE BASEMENT WALLS
MAXIMUM UNSUPPORTED HEIGHT OF BASEMENT WALL: < or = 8 feet
LOCATION OF HORIZONTAL REINFORCEMENT:
One No. 4 bar within 12 inches of the top of the wall story and one No. 4 bar near mid-height of the wall story.
So, I still don't know if my wall will hold up properly (and I'll be forced to pay for the foundation soon) AND I now have to deal with a royally ticked off inspector. OMG! One more source of stress that I really don't need right now.
If the engineers had been able to reassure me that the rebar as positioned didn't materially affect my foundation, or if they had not emailed my inspector's supervisor, I would never had gone back to the inspection office.
I badly need a good working relation with the inspector's office, and I don't know how to rebuild that right now. And I guess I have no choice but to accept the foundation as is. (Huge sigh...)
It sounds like you pulled the permit and not your contractor?
Only an engineer can properly assess a foundation that was not built to the code rules/tables. But the engineer will have to look at everything. I know you’ve had some trouble finding an engineer willing to help you with your project though.
With the city, I think (my opinion, I’d wait to see some other opinions here before acting on this) that you might just want to beg forgiveness from the inspector and tell him that you’re really concerned about the project and you think your contractor has been cutting corners. The idea would be to play the innocent homeowner that wants things safe, but doesn’t know how to build things and got burned by a contractor. Maybe the inspector will try to help you out and not blame you for any problems that are found.
If your contractor has been violating building codes, you should be able to make a claim against the contractor, or the contractors insurance, to get things repaired and brought up to code. This might include rebuilding parts of he foundation, if necassary. These are legal and contract issues, you’re probably going to want to involve a lawyer to help you here.
Again, DO NOT pay your contractor until you get your green tag from the city and pass inspection. Holding back final payments until both a final inspection, and a punch list walkthrough with the contractor, is pretty standard and shouldn’t be a problem.
Bill
As a general rule, a contractor's insurance policy doesn't cover the cost of correcting work not done in accordance with Code or contract documents.
By all means, she should withhold any additional payments.
I was thinking if it’s a bonded job repairs and completion would be covered.
Liability issues would be different, but that’s probably something a lawyer would determine and might be contractual and not insurance.
Bill
At least where I practiced, in Maine and Massachusetts, residential projects are almost never bonded.
A contractor's general liability policy would cover someone getting injured as a result of a construction defect. It won't cover the cost of fixing the work.
The code and my plans clearly specified the same proper location of the reinforcement. My contractor did not follow those specifications - BUT the inspector approved the foundation reinforcement anyway.
However, I thought that the inspector couldn't approve any variation from the code unless an engineer approved the change first - which didn't happen in this case. Instead, the inspector is trying to claim that code doesn't require horizontal reinforcement at all for my wall. Which I don't believe is true, from what I read in the code myself.
However, I really don't want to accuse the inspector of failing to do his job correctly. My contract states that if the contractor fails to complete any part of the project in accordance with the contract documents, we can require him to bear the full cost of correction, including any costs of uncovering, replacing, or testing.
Seems that we could enforce him to pay for an engineering review based on failing to follow our contract specifications - whether or not it was approved by the inspector. Guess we really need a lawyer at this point.
Debra: you probably do need a lawyer. Try to find one experienced in construction law.
Was finally able to speak with a structural engineer about our foundation issues. Based on my description, he said he would not approve the foundation wall (high risk of developing major cracks), and he would insist on a complete tear down. Said we could enforce the tear down based on the contractor failing to follow our plans - even though the inspector had "approved" the reinforcement (despite it not following code).
Trying to decide whether to pay up to $500-$1,000 for an engineer to confirm the recommendation for a tear down, as the contractor will fight this tooth and nail. Absolutely need a lawyer now! Thanks, everyone, for your assistance and support. This has been an incredible nightmare.
That’s cheap for an engineering review. I pay $1,500 just for reviewing a drawing and getting it sealed.
If your contractor didn’t follow your specifications, he’s in breach of contract with you. I would argue that his code violations are also a breach (a professional in the field should not make mistakes with basic code requirements).
Your lawyer will probably want you to retain the engineer to provide documentation of the deficiencies in the structure to use to argue the contractor is liable. You might be able to get a lawyer to work on contingency, but at minimum you can probably get partial legal fees from your contractor as part of a settlement. It’s unlikely you’ll get all of your legal fees covered.
Make sure you have all of your paperwork in order, especially signed documentation and anything from the city. Your engineer can probably help you with finding a new contractor too. You’re going to burn a lot of time with little getting done while you get this resolved. Ask your engineer what he would recommend you do to mothball your project at this point to limit any weather related site damage while you’re working towards a legal resolution.
Bill
Okay, but lets take a step back before stopping Debra's project while it is litigated, and everyone emerges poorer sometime in the future and work can recompense.
I haven't followed this that closely, so maybe Debra can correct me if I've got this wrong, but the uncorrected problems come down to the placement of the two rows of rebar in the foundation walls, and the inadequate placement of the anchor bolts.
The walls are three feet high. The top row of rebar is an inch lower then the code requires. The lower row is six inches from the bottom, instead of at the middle of the wall. Given that the same reinforcing is required in walls up to eight feet high, can anyone suggest how these will materially affect the long term performance of the foundation?
An earlier thread suggested simple fixes to the possible problems with the anchor bolts. My preference would be to cut the existing ones flush with the top of the wall and epoxy in replacements. That's a morning's work.
Does this compromise represent something Debra will later regret, or is it simply that the existing contractor's shoddy work offends our sense of justice? Again, I may have missed some more pressing concerns Debra has.
She has one contractor, and is looking to replace him. That will result in a work stoppage. I’m going on the assumption that the engineer she consulted believes it’s a tear out situation. If Debra retains the services of the engineer, and in his professional opinion the issues with the foundation are too severe to work around, then she really doesn’t have any choice but to deal with the contractor with her lawyer.
I agree it’s not the best situation, but that’s where things appear to be headed, unfortunately. You’re probably correct that most participants on this forum hold themselves to a high standard (myself included) and frown upon situations like the one Debra finds herself in, but the best course of action for her is the safest one. If a licensed structural engineer fails her foundation as built, it’s really not safe to attempt to build on it anyway.
Bill
Well, I guess we'll see where this goes.
Tear out of a 3 foot wall is maybe a day or two of work? Then a day to re-grade and form. Then re-pour. Only solution I would settle on if I was in her shoes.
Earlier in my career I would have met with everyone, listened to the different patch-up, "save my .ss" ideas, and maybe even relented sometimes. But I've learned it just doesn't pay.
I knew 20 posts ago this was not going to end well. May as well get on with it.
Wow! Lots of things going on.
1.) $1,000 for an engineer to do that is peanuts. Go to the bank and get started before they change their mind.
2.) Stop worrying about the existing contractor - he is a clown, if what you have described is accurate.
3.) Do not pay the existing contractor another penny.
4.) Any lawyer who doesn't jump all over this case is not worth spending time with (assuming there will be interim funds to pay the legal fees).
5.) Assuming you did not retain or have any contractual arrangement with the other engineers who went behind your back and spoke to the Building Inspector, in my opinion this was unethical. I don't know exactly what the Professional Engineers Act in Virginia says, but they may very well have violated the act.
6.) I don't understand why the Building Inspector would be angry at YOU. Maybe angry at the junior inspector, and afraid of you (and what's going to happen next). But that's too bad for them. The Head Inspector should be kissing your boots that a deficient structure was brought to his attention before it got covered up. I would set up a meeting with the Head Inspector (call the Mayor if you have to) and set the tone.
7.) Do you have any sign-offs or documentation from the Building Inspector regarding the various conversations about the foundation work and what is acceptable?
We have a printed copy of the town's record of the "courtesy" inspection the junior inspector conducted immediately prior to the pour. He said "all looked within code".
Apparently, the entire building inspector's department (from the head supervisor down) are furious about my consulting with an engineer about my foundation. The head inspector refused to talk with me yesterday, after getting a copy of the engineer's email. And they are this upset just from the engineer stating "Ms. Graff has some concerns about the rebar spacing and installation, footing depths, and other aspects of the work."
And, no, I did not retain or have any contractual arrangements with either engineer - who both copied their email response to me to the head of the town department. In fact, I hadn't even discussed my questions by email with either one - just in person or by phone. They just followed up with me that way. I'm really angry that the engineers did that.
I hope whatever structural engineer I hire can recommend a good contractor to redo the work, if necessary. My last contractor took over a month from first digging the footings to finally pouring the walls.
In fact, he dug our crawl space excavation the day before a hurricane was scheduled to arrive with up to 10" of rain - and we had a lake for many days until they finally dug a trench to start draining the water (shrink/swell clay makes for good pond bottoms!)
The structural engineer that I finally reached by phone yesterday said that it was important to have horizontal rebar midway up the wall in order to properly control cracking. Rebar at just the top and bottom doesn't provide the same control. He said this was a bigger issue with my foundation, as the contractor did not install any vertical reinforcement.
Vertical reinforcement was not code required with my short wall, and wasn't in my plans. However, before we signed our contract, my contractor said that his cement sub recommended vertical rebar anyway. I said, fine that's a good idea - but forgot to add it to the contract.
After I forced my contractor to redo his work numerous times to meet code or contract specifications, he told me he was NOT going to allow the concrete sub to install the vertical rebar because he was only going to strictly follow the contract (which he failed to do anyway many times after that).
I had wanted to fire my contractor just 2 weeks into our project. It started out that bad. But a construction lawyer we spoke with by phone strongly suggested we keep working with him - and I now deeply regret taking his advice. My first instinct was dead on.
It's unfortunate when you have to battle the building department as well as an incompetent contractor.
The building inspectors are angry because the engineer is inadvertently highlighting a bad decision on their part. They're in a position of power usually far beyond their qualifications, and they forget they should listen to experts when a situation arises.
I would let the Structural Engineer and the Lawyer take over at this point. Instruct them that besides recovering costs and damages from your existing contractor, you also want specific direction how to proceed to get your foundation re-done in the next couple of weeks (if that's possible) without affecting the lawsuit. Assuming you want to get it done this fall of course.
By the way, the attached picture is my back yard this morning. 15F and two feet of snow in the last 4 days.
Yikes! Your winter has definitely arrived. We're expecting 2 inches of sleet, 1/4" of freezing rain, and some snow in the next 48 hours - along with wind gusts up to 40 mph. Probably have power outages, and we have no backup heat in our rental. Ugh!
I agree with mr barker. As I like to say, the number one rule for inspectors is “never look like you don’t know something”. Inspectors HATE being shown that they’re wrong. I suspect that’s what’s going on in your case — a mistake made by the inspectors has been caught. Engineers are more knowledgeable than inspectors in most cases, so the inspectors tend to be nervous when engineers are involved.
You’re further south than I am (I’m in Michigan), so you have a later season change. You still have a limited window to get concrete work done this year so you need to work quickly. When the ground starts to freeze everything becomes a problem, and concrete needs to be above freezing to cure properly. Tenting can only go so far.
Bill
We're in the mountains of Virginia, and have already dropped as low as 20 F. So, I don't plan on trying to pour fresh concrete again before winter. But I do need to find out how to protect our site from winter damage.
I'd get some more code experts to review your case and the very convoluted code wording (see "stem wall" vs "basement wall", seismic zone, "plain concrete", etc). For example, ACI 332 (an option?) supposedly says "...one horizontal bar shall be located within the top 24 inches and a minimum of one in the bottom 24 inches." Evidently you met this (mid rebar isn't required in any zone).
I wouldn't worry about rebar being 1" off (if 12" even applies).
Non-expert code interpretation and free(?), off the cuff phone calls are a recipe for big problems.
On the other hand, if you pay a structural engineer to thoroughly review and provide a written report that says it's not sound and not code compliant....