You are here:

Construction Industry/Question about responsibility of a general contractor

Advertisement


Question
QUESTION: In 2/ 08, our basement flooded. We didn’t have a waterproof system, so everything was torn out. The contractor put in a baseboard, trench, and sump pump (with battery and backup pump). He verbally warranted his work for life and said it would be in writing when he is paid in full.

Last week, the pump stopped working. We called the contractor and a new pump was installed.

Tonight, we went downstairs and there was an inch of water on the floor. We immediately called the contractor. He told us that the pump had failed and went to get a new one. He told us that he had originally installed a 1/3 pump and it couldn’t handle the workload. To “hopefully fix it,” he installed a 1.5 horsepower pump and said we may need to get a ¾ pump.

My question is: should the contractor be responsible for knowing that a smaller sump pump will not work in a high water area (HE mentioned it was an area that has a lot of water)? My furniture and new walls are ruined… what are my options?

ANSWER: Keri,

It sounds as though your contractor is trying to do the right thing.  The size of the pump has to do with the "lift" that the pump can produce.  That is - how high can it lift the water to drain it out of the area.  By the way - did you mean a ½ hp pump?  

Something sounds drastically wrong if you continue to get water in your basement.  Where is the water coming from?  Why doesn't it drain away of it own accord?  

If the water is coming through the walls, the exterior of the basement should have been waterproofed as well as have a continuous drain around the footings.  If the water is coming in from the joint where the slab meets the wall, you have a more serious problem.  There are other means of draining water.  One in particular that may be a solution for you is called a "well point".  A pipe or series of pipes are driven into the ground and all are connected to a pump on the surface.  When water is detected, the pump sucks the water up from the ground.  This, of course, does not get rid of the water but rather moves it to a lower area or into a drainfield or drain pipe.

Hope this has been helpful.

Roger

---------- FOLLOW-UP ----------

QUESTION: My apologies.  He told me a 1/3 pump was originally installed.  Since he's the professional, I just assumed that he knew what he was talking about.

The water rose from inside the well when the sump pump failed.  No water was leaking inside the basement.  It was all from the sump pump area.

Answer
Keri,

My apologies also.  I had forgotten that a "sump pump" is still used in some areas.  I'm in Florida and we don't have basements or sumps.

Again, the size of the pump is determined by how high the water must be lifted to be evactuated.  You said he installed a 1.5hp pump but I think you meant ½ hp.  An oversize pump wouldn't hurt - just cost a little more to operate.  

Never-the-less, the important thing is that the pump be of proper capacity and that it is in running order.  The pump is turned on by a float valve that is activated by rising water.  It should be checked periodically - especially during dry seasons when the sump may not have any water intrusion.

You might want to verify the proper pump size by researching the pump and it's function. You could do that on the internet or call a local pump supplier and get their opinion.  I assume your contractor's warranty was still in effect.  If so, your contractor's insurance may cover the damage.  He must carry General Liability and ususlly Builder's Risk as well.  Check with your local building dept. to see what insurance he must carry.  Also you should have received a certificate of insurance from his agent.  

Good luck.

Roger

Construction Industry

All Answers


Answers by Expert:


Ask Experts

Volunteer


Roger Zona

Expertise

I am experienced in all types of construction: residential, industrial and commercial; single family, multi-family, mid-rise and high rise buildings (16 story office building) as well as remodeling, additions and tenant improvements. I can field most any question that relates to general construction. I have consulted with infrastructure (utility) contractors also and have a good general knowledge of underground utility construction for subdivisions and commercial projects.

Experience

After college, I began my career in the construction industry. I chose to become an apprentice Architect and 4 yrs later I opened my own architectural design firm. Six years later I moved to Florida to buy & develop land and build. I became a State of Florida Certified General Contractor and operated my business for 45 years. I built all types of residential and commercial buildings including warehouses, shopping centers, high rise apartments and office buildings and developed sites for other contractors. I retired and became a consultant to the construction industry. I maintain my license and continuing education requirements, operate a small construction company and write a weekly newspaper column for the Palm Beach Post (a Cox publication) with the byline "Ask The Contractor". I am the "technical editor" for a publisher of books that relate to home maintenance.

Organizations
Previously - NAHA Currently - FLCA (Florida Licensed Contractors Assoc.)

Publications
Palm Beach Post newspaper - weekly Q & A column Happy Herald monthly real estate publication - monthly column

Education/Credentials
Michigan State University University of Detroit BS in Engineering

Past/Present Clients
I built a home in Palm Beach for a member of the Pulitzer Family. I was responsible for the completion of a twin hi-rise condominium project for G.E. Credit. I was a partner in the successful development of a P.U.D. (Planned Urban Development) subdivision. I represented the largest home builder from France (Bati Service, S.A.) in the development of a subdivision and the design and construction of the homes.

©2012 About.com, a part of The New York Times Company. All rights reserved.