Expert: Joe Turner - 10/6/2008

Question
HI, My husband and I bought our home a little over 6 years ago and have been having several problems since the beginning. Some of them are just the normal things that you can expect from a production builder. The windows don't operate properly, a few of the bricks have fallen in, etc. but this latest problem concerns me. We have a crack in the slab at the kitchen area that has now caused the linoleum flooring to peel back and crack open. It started in that spot and now you can see where the crack goes all the way to the edge of the foundation one way and then back up under our cabinets in the other direction. Apparently, it isn't covered under our 2-10 warranty because it is not under a load bearing wall, although I'm not sure that there aren't other cracks that ARE. The crack, where it originally started is about 3/4" wide and it is crumbling around that area and then where it leads under the cabinets and out to the edge it is probably a good 1/4" to 1/2" wide. The original area where the flooring has split is getting bigger and wider, though and the flooring is starting to split in other ares along the crack. We need to replace the flooring in the kitchen and want to put down ceramic tile but I definitely want to resolve this problem before we do, for many obvious reasons. We are contemplating having a core and compaction test done to make sure that the slab was poured to code. I just tried to contact the builder, who is out of town, but the woman in his office is telling me that I shouldn't do that because they had to have passed code to get the C of O. Being in the building industry myself, I know that although they got inspected that doesn't necessarily mean that everything was done properly. I am looking for some good advice on handling this matter and also wondering what kind of liability the builder has concerning it. Thank you for your time --Jen

Answer
A crack in the slab that has offset - one side higher than the other - is a defect and is subject to repair by the builder in just about every state. The fact that your builder got a CO means nothing. When the inspections was made the defect was not apparent.
Your choices:
1. Write a certified letter to your builder and demand a repair. Give a time limit but do not threaten to sue.
2. Get a lawyer who has experience in construction. The lawyer will do the tests and other inspections. Your builder cannot win this one.
Cracked slabs never get better, they get worse and can even break your house in two. Do not delay on this one.
JT