Expert: Stephen Hayes - 11/13/2009

Question
QUESTION: My house is only about 12 yrs old and the floor are wobbly and shake as you walk.  It is worse in some spots than others.  The floor joists are are 10 0r 12 inch on 16 inch ctrs.  The floor joists are I beams.  The beams span about  40 some ft with 2 supports maybe 12 0r 14 ft apart.  I had the company come out and look at it just before the warranty was up and they said everything was built right and to code.  The I beams are connected @ the foundation by 2x4 hangers on the top edge of the I beam where it meets the plate of the stem wall of the foundation.  There is no support under the bottom edge of the I beam at the stem wall. I believe that is where the problem is.  My question is:  How would you recommend I shore up the floor from shaking?  Any info would be appreciated.

ANSWER: Hi Jim;Without actually seeing the problems in your home, I would be only guessing, in answering your questions.  My strong suggestion would be to contact a local, reputable home renovation company and have them look at your job.  You might want to have them come out to give you an 'estimate' on doing proper repairs, so they would have to inspect and point out the problems and possible remedies.  If you feel they were right in their investigation and wish them to proceed with repairs, I would do two things.  First I would ask for references from them and check out those references to be certain other homeowners were satisfied, and secondly I would contact my homeowners insurance company to see what work would be covered under my policy.  When you say, in your question, you had the company come out just before the warranty was up, what company, how long was the warranty, and did you get, in writing, what you were told that indicated everything was built correctly and to code.  If you have what you need in writing, I would suggest that you have an initial conversation with your attorney, to see if anything from a legal standpoint can be done to help you.

Cordially,

John Michaels

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

QUESTION: Adair homes is the home builder that built my home.  It was a ten year warranty.  Like a dummy, I got nothing in writing after they came out to inspect the floor.  

Answer
Hi, again, Jim; Sorry to hear you have nothing in writing.  Hearsay evidence is usually not admissible in Court.  Since I am not an attorney and can't give you any legal advice, I can only suggest to you what I would do if I were in your 'shoes'.  It appears to me that whatever you were told, may not have been true, and you have latent damage.  Latent being defects that were present before the warranty ran out and only recently manifested themselves into visible defects.
That, to me, is still the responsibility of the one who created the defect, which may have been the builder or subcontractors used by the builder.  I still suggest that you call in a knowledgeable, professional home builder and have that builder give you an opinion as to the origin of your problem and an estimate for repair.  Then call in another reputable builder and do the same thing.  You will then have two knowledgeable opinions and estimates.  If the opinions agree or somewhat agree, get everything in writing and take it to your attorney who should, in my opinion, send the needed correspondence to the original home builder displaying your evidence and estimates, and demand full restitution.  You may achieve full restitution, partial restitution, or have to result in legal action.  Your first consultation with your attorney should be free, to get advice if your persuing the builder through your attorney, will achieve favorable results.  Then, if the attorney feels that at least a letter should be tried, you will pay for that effort only.  If additional legal action is needed, get an estimate as to costs and if the costs could be retrieved from the builder if the legal action is successful.

Cordially,

John Michaels