Flooding in basement. Construction error? Hidden defects?

[Ulf2121]

Isn't there a 10-year warranty on construction defects as well?

 

[MathiasS]

True, but this is placed 20 cm above the drainage where a "professional" has of course also placed this.

...this is exactly what I wanted to highlight with my previous post. You need to chase the details here.

The commitment was clear regarding the drainage, but perhaps not regarding the stormwater. If you continue in the same manner, it might not be obvious to also review the stenkistor - the professional’s task might have been to connect to existing pipes (which you can easily check now, by seeing if there are new pipes in the lawn).

Another thing to be cautious about in a dispute over this is probably the fact that we've had several downpours larger than what stenkistor and so on are designed for. In other words, even a correctly built system could have resulted in flooding.

 

[Ulf2121]

...it is precisely this I wanted to highlight with my previous post. You need to focus on the details here.

The commitment was clear regarding drainage, but perhaps not regarding stormwater. If you continue in the same way, it may not be obvious that you also need to inspect the soakaways - the professional's assignment might have been to connect to existing pipes (this can be easily checked now - are there new pipes in the lawn?).

Another thing to watch out for in a conflict about this is probably the fact that we've had a number of cloudbursts larger than what soakaways are designed for. In other words, even a correctly built system could have resulted in flooding.

Tricky...
The pipes are exactly the same, so from 1974 to 2019 surely something should have changed or signs of aging should be present?

And at some point since 1974, wouldn't there have been a massive cloudburst when we got 2 in 5 months? Likewise, from 2015 when the drainage is claimed to have been done...?

 

[Betongapa]

Isn't there a 10-year warranty on construction defects as well?

10-year right to complain according to the Consumer Services Act, a big difference compared to a warranty, which is voluntary to offer. This applies between the previous owner and the company that performed the work though.

If you mean liability for hidden defects between you and the previous owner of the house, there is also a 10-year right to complain. Keep in mind that if you are to claim a hidden defect, the complaint must be made within a reasonable time from when the defect could be suspected. In practice, this could be a couple of months after the first flood.

 

[Ulf2121]

10-year right of complaint according to the Consumer Services Act, a big difference from a warranty which is voluntary to provide.
This applies between the previous owner and the company that performed the work, however.

If you mean liability for hidden defects between you and the previous owner of the house, it is 10 years, keep in mind that if you are going to claim a hidden defect, the complaint must be made within a reasonable time from when the defect could be suspected. In practice, it can be a few months after the first flooding.

The hidden defect was immediately claimed in writing to the seller after the first flooding. He is also informed about the second one and after some pressure, we got him to disclose some details, but he referred to Marcin at KBA Bygg in Kungsbacka who supposedly carried out most of the work. However, he has a great grasp of the house since he built and did practically everything himself. Hmmmm...

Does anyone know Marcin or his company KBAB which he was said to own?

In agreement with the excavator, we have not yet contacted Marcin. Yet. The work being done must be done anyway, and more questions and "evidence" appear with every meter that is excavated.

 

[Ulf2121]

Hello everyone,

Thank you for all the awesome responses so far. Question 3) is considered to be resolved.

Many great thoughts and tips regarding question 1) about drainage/stormwater. I gratefully welcome more!

Question 2) about the floor, I would very much like to hear more of your wisdom and experience if anyone can contribute!

 

[MathiasS]

Tricky...
The pipes are exactly the same, so from 1974 to 2019 something should have changed or signs of aging should be present?

And at some point from 1974, a massive downpour should have occurred when we got 2 in 5 months? Likewise from 2015 when the drainage is claimed to have been done...?

then it's surely replaced all the way. I assume there are orange ground pipes in PP plastic. They didn't use those in 74.

The downpours lately have been very extreme locally, certainly more than a 50-year rain….

 

[Ulf2121]

then it is certainly replaced all the way. I assume there are orange ground pipes in PP-plastic. Such were not used in 74.

The recent downpours have locally been very extreme, surely more than a 50-year rain….

then it is certainly replaced all the way. I assume there are orange ground pipes in PP-plastic. Such were not used in 74.

The recent downpours have locally been very extreme, surely more than a 50-year rain….

Orange is correct! Even the drainage pipe was orange as well. Something the excavator has never seen despite 30 years in the profession. Checked out SMHI's statistics on precipitation and it seems to fluctuate a bit over the years and vary greatly between locations. And of course, I remember that there have been extreme downpours, but these 2 I will never forget. See videos when the clay that was outside the drainage was scraped away... pure deluge unleashed.

 

[Nyatag]

How has it gone with drainage and the hidden fault?