Legal Question in Business Law in Maryland

Our new house has was built with faulty concrete in the foundation

We purchased a new home, in June 1999. In early Sepetmber we noticed water in the basement. We called the builder who brought in portable dehumidifiers. After serveral months it was decided to re-seal the foundation. In Feb 2000, they dug up our foundation. At that time it was decided that the concrete used to pour the foundation was contaminated. We also learned that they (and the concrete company) new this before the house was built. We were never told. We're trying to get them to replace the walls, but they insist they are not legally bound to do this, and are proposing a fix that would simply patch the walls, which are crumbling. What's more they are requiring that we sign a waiver releasing them of liability, before they'll proceed. As compensation they say they'll give us a voucher to have the basement finished. Our contention is that this is just to cover the band-aid fix they're proposing. We've consulted a number of local attorneys but they have all had coflicts of interest with either the builder or concrete company. What should we do now?


Asked on 4/14/00, 12:43 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Our new house has was built with faulty concrete in the foundation

First and foremost, don't sign any waivers. You need to get an independent evaluation of the problem and, most importantly, the cost of a proper repair. Then you should seek to hold the builder responsible to pay for this repair--not some bandaid job that won't solve the problem for any significant period of time. Legally, they're responsible for not only the immediate problem but also all other areas of the house that are damaged as a consequence of the defective construction job. It may be necessary to file a court action or seek to resolve this through an arbitration proceeding. In either case, do not try to do this without experienced legal counsel.

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Answered on 4/25/00, 4:22 pm


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