Homeowners Responsibilities with Regard to Foundation Movement

Homeowners Responsibilities with Reference Court Case

Superior Court of Arizona Maricopa County

CV 1999-092049 11/13/2003

HON. Barbara M Jarrett

Do I need to make sure the Grading and Drainage is correct when purchasing a home?

66. Plaintiffs (Homeowners) have not met their burden of proving that the grading and drainage of their lot at the time they took possession of the properties was not done in accordance with the requirements of the Town of Gilbert.  Plaintiffs have not met their burden of proving that the grading and drainage of their lots was not done in a workmanlike manner consistent with the custom and practice for residential grading in the Phoenix metropolitan area, and in Gilbert, Arizona, during the period from 1993 to 1996.

83. Drainage – “The contractor … is not responsible for conditions caused by others not under his control after close of escrow,”

What caused the foundation to move?

67. The primary cause of the movement of the foundations and floor slabs of the Plaintiffs’ homes is from water that has penetrated the dried-out expansive soils under the foundations and stem walls of the homes and has caused such movement.  As stated previously, UDC allowed the soil to dry out before commencing construction of the homes, rendering the soil highly expansive.  The geo-technical experts for both parties agree that there is a direct correlation between homeowner-installed lawns and other substantial landscaping features that require irrigation on the one hand and the amount of foundation and slab movement that a home has experienced on the other.

What if I add or change the landscaping?

68. Each of the Plaintiffs has installed some landscaping and other improvements (such as pools, decks, concrete walkways, etc.) to their property.  These improvements and landscaping have had the effect of substantially altering and/or eliminating the original drainage patterns for the properties and have caused irrigation and rain water to pond or otherwise become trapped at or near the foundations of the homes.

69. The amount of water used by the Plaintiffs (with the exception of the Draper Plaintiffs on Lot 52) to irrigate their landscaping and other improvements is, in general, excessive.

70. The impeded drainage, lack of positive drainage away from the foundations of their homes, and excessive irrigation, combined with the existence of the highly expansive soil conditions, have caused the movement of the foundations of the homes.  The movement of the foundations has produced the vast majority of the cracking and other distress about which the homeowners now complain.  In fact, there is a direct correlation between areas of blocked drainage on Plaintiffs’ lots and monometer readings showing movement of the homes’ foundations and/or floor slabs.

Is cracking normal?

76. Some drywall, stucco and concrete cracking, some sticking of doors and windows, and some movement of woodwork is normal and to be expected during the first two years after construction of a new home.  The Homeowner Orientation Guide, which was given to all home purchasers at North Shore, explains that because the homes are “located in a desert environment” and because of “temperature variations combined with expansive soils that are common in the area,” the resulting “expansion and contraction from day to day” can cause “minor warping of wood materials and hairline cracking of drywall, stucco, concrete and mortar.”  The Guide also states that, because minor cracking of these building materials is normal and to be expected, “UDC Homes will not be responsible for minor cracking that falls within accepted industry standards.”

Do I need to do routine maintenance?

78. Although the homes that are the subject of this litigation are approximately seven or eight years old, the evidence at trial disclosed that most of the homeowners had done little routine maintenance (except for warranty repairs by UDC), and most had not taken steps to repair even normal and expected cracking of drywall, stucco and concrete at their homes.

79. The Arizona Registrar of Contractors has established and published Minimum Workmanship Standards that were applicable at the time the homes in question were built.  Those Standards apply for the first two years after construction of a new home and specify that the following things are normal construction tolerances and are not deemed to be construction defects:

80. Gypsum Wall Board – “Visible defects such as nail pops, cracks and seam lines due to expansion and contraction of structure” are normal.  “Normal defects such as hairline cracks where drywall meets a dissimilar material are considered acceptable and can readily be corrected by the owner when redecorating.  If nail pops occur, the contractor shall be responsible to correct the fault only one time during the first year of occupancy.

81. Stucco – “Hairline cracks, if not excessive, are acceptable.  If crack exceeds 1/16”, it is unacceptable and should be repaired.”

82. Concrete – “Cracks 1/8” are acceptable without repair.  Cracks wider than 1/8” shall be properly repaired with appropriate material.”  With respect to garage slabs, carports, patios and sidewalks, “cracks in excess of 3/32” width and 1/8” vertical displacement or compound cracks are not acceptable.”

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