basement flooding a week before possession? help!

[tagaravabha]

I’m taking possession of a new home in a week and had my walk-through today. During the July 12th rains, I asked my builder if our basement had flooded, and they said no. When visiting the home last week, I noticed what appeared to be water damage on the floor and a clean-up operation. The builder confirmed that water had entered through the window well (sump pump was working properly), and after some probing, admitted that this was due to the downspouts having not been lowered and the rough grading having not been finished due to backlogs with the landscapers (as well as indirect suggestions that there may not have been enough gravel in the window wells/settlement had occurred). The problem was supposedly corrected, but then happened again after last night’s rains. We saw the pooling of water in two locations in the basement, one near the window well and the other near the outlet for the sump pump. The third-party inspector (hired by the builder) who accompanied us on our walk-through seemed to be okay with the whole thing and didnt even list it on his report until I told him to do so. Aside from lowering the downspouts, the only thing the builder has done is removed the insulation for drying, and says this will be sufficient. They’re trying to get pre-grading done and expediting the rough grade. On my insistence, they will be doing a full mold inspection. My question is, is this enough? What are their obligations in these circumstances? Should we still be worried? What should we do before our possession next week?

[Mars2012]

I'm not sure whether it's legal to withhold the last payment (or part of) before taking possession. I suggest you get it in writing that you want the drainage issues addressed. Once they have all their money, they can choose how much they are willing to help...yes, there might be some sort of warranty, but they may only be interested in applying "stop-gap/bandaid" solutions rather than a real fix. You might want to consult someone who knows about drainage who can tell you whether the problem has been addressed. This will be a headache for years to come if you don't fix it now.

My sister had a massive basement renovation done about four years ago and she has been dealing with drainage/flooding problems since that time. Her laminate flooring has buckled in some areas and she has had nothing but grief from her contractor. He was the general contractor and the subs are supposed to be fixing it. According to her, he hinted that unless he got more work from her, he wouldn't do anything about fixing any issues.

[goofball]

Water entering from the window well through the concrete, or through the windows, or between the windows and the concrete?
So if the downspouts haven't been lowered properly, I don't see how that would affect the performance of the window wells? How far away are the downspouts draining the water away from the house?

[riccd2001]

Window-well overflow leading to basement leakage is owing to plugged-up 4" drainpipe in the well. Fix is complete digout to weeping tile connector and refilling drainpipe with medium-size gravel. Be sure to note this on first Tarion 30-day report.

[licenced]

OP, at this juncture which is one week before closing and less than one week before your lawyer asks you to sign for closure, you may want to think that it is in your hands to handle the issue but it is not.

Please, please, listen to me and advise your lawyer about all of this first thing Monday morning then immediately follow through to them with an email for time stamp purposes with notes of your recollection of all the visits to the property, dates, your discussions with the builder's rep and your inspector.

It may (if anything at all) cost you a few hundred extra but believe me if your lawyer knows the issues before closing he can save you considerable amounts and stress because once you've signed on the dotted line knowing what you know you'll be hardpressed to explain why you only thought it important enough to ask anonymous people in a forum and not discuss the issue with your attorney should you find yourself claiming anything from Tarion.

Their purpose once someone buys property is to ensure that the buyer has taken transfer of the property under good title.




I’m taking possession of a new home in a week and had my walk-through today. During the July 12th rains, I asked my builder if our basement had flooded, and they said no. When visiting the home last week, I noticed what appeared to be water damage on the floor and a clean-up operation...

but then happened again after last night’s rains. We saw the pooling of water in two locations in the basement, one near the window well and the other near the outlet for the sump pump. The third-party inspector (hired by the builder) who accompanied us on our walk-through seemed to be okay with the whole thing and didnt even list it on his report until I told him to do so....

[tagaravabha]

Thanks everyone for your posts. We started creating an E-mail trail, and the builder has acknowledged most of what I originally wrote by E-mail. Their admissions are as follows:

1) potentially inadequate gravel in the window well. Is this negligence on their part?
2) no rough grading done due to landscapers' backlogs. Is this a legitimate excuse for them? They have now applied sandbags around the window wells.
3) downspouts not lowered. Is this negligence on their part?
4) The "clean-up cap" (what is this?) was not tightened fully before frost walls were insulated, which resulted in leakage near the sump-pump outlet (still dont understand this). They say they have tightened it and tested it.
5) Their solutions going forward will be to dry out the affected area; replace damaged insulation (should they use new insulation, rather than the old, dried ones?); have the area professionally inspected to verify no mold growth; repaint the basement floor; get rough grade done as soon as possible. Is this sufficient? Can I legitimately ask them to do more? What should I ask for?

I expressed my displeasure and concern at every stage. With regards to the lawyer, I made the unfortunate mistake of going with the builder's lawyer to save some money. That lawyer made it clear to us that they cannot act against the builder under any circumstances, and that we'd have to retain another lawyer in this case - I fear its too late for that. The builder does have a 1-year comprehensive warranty, and I do plan to have a home inspector come in and make all of our concerns known at some point durin the year (maybe after 90 days). If I can't withhold payments and cant retain a different lawyer before possession on Tuesday, what do you think I can do to protect myself? What concerns/expectations should I make known in writing before I sign on the dotted line? I'd appreciate any further advice you can give me.

Thanks again!

[stealth]

Thanks everyone for your posts. We started creating an E-mail trail, and the builder has acknowledged most of what I originally wrote by E-mail. Their admissions are as follows:

1) potentially inadequate gravel in the window well. Is this negligence on their part?
2) no rough grading done due to landscapers' backlogs. Is this a legitimate excuse for them? They have now applied sandbags around the window wells.
3) downspouts not lowered. Is this negligence on their part?
4) The "clean-up cap" (what is this?) was not tightened fully before frost walls were insulated, which resulted in leakage near the sump-pump outlet (still dont understand this). They say they have tightened it and tested it.
5) Their solutions going forward will be to dry out the affected area; replace damaged insulation (should they use new insulation, rather than the old, dried ones?); have the area professionally inspected to verify no mold growth; repaint the basement floor; get rough grade done as soon as possible. Is this sufficient? Can I legitimately ask them to do more? What should I ask for?

I expressed my displeasure and concern at every stage. With regards to the lawyer, I made the unfortunate mistake of going with the builder's lawyer to save some money. That lawyer made it clear to us that they cannot act against the builder under any circumstances, and that we'd have to retain another lawyer in this case - I fear its too late for that. The builder does have a 1-year comprehensive warranty, and I do plan to have a home inspector come in and make all of our concerns known at some point durin the year (maybe after 90 days). If I can't withhold payments and cant retain a different lawyer before possession on Tuesday, what do you think I can do to protect myself? What concerns/expectations should I make known in writing before I sign on the dotted line? I'd appreciate any further advice you can give me.

Thanks again!
It's never too late to Get a good lawyer.