New driveway sinks after rain
Q. Our home is only six months old, and we have a serious warranty issue. Shortly after moving in we had some moderate rainfall, causing the concrete driveway to sink nearly a foot. This also happened to some of our neighbors. The builder repaved the damaged portion, but the finish is uneven and does not match the rest of the driveway. Not only that, the driveway settled a few more inches during the very next rains. The builder says not to worry because we are still under warranty. But what if this continues after the one-year warranty expires? And what do we tell buyers when we eventually sell the property?
A. If the ground beneath the driveway cannot withstand normal rainfall, then the site was not properly prepared prior to pouring the concrete. The ground should have been compacted, amendments such as road base materials should have been installed, steel reinforcement should have been included in the concrete, and the site should have been graded to avoid drainage problems.
In view of what has occurred, soil and drainage conditions on the property should be evaluated by a geotechnical engineer. Subsequent repairs should then be performed in accordance with the engineer's findings and recommendations.
If this condition is typical of the general quality of construction, it would be interesting to see what a qualified home inspector would find if the entire property were evaluated. Since your warranty is still in effect, a thorough review by a qualified home inspector is strongly advised. The contractor will be less likely to make excuses when faced with a professional report. Call a few real estate offices and ask who is the most comprehensive home inspector in your area.
Q. We are living under the shadow of dead trees belonging to our neighbor. They are at least 50 feet tall and could fall on our house or possibly on someone. For the past four years, we have asked the neighbor to remove these trees, but he has told us to mind our own business. We have also notified the city council, the city manager and the local code enforcement officer, but no one has taken any action. What can we do to eliminate this hazardous condition?
A. Your neighbor is playing a liability game of Russian roulette, with you and other neighbors as unwilling contestants. If one of those trees were to cause property damage, personal injury or death, his level of liability would be huge, especially since he has been warned repeatedly to remedy the problem.
The same goes for the municipal authorities. If they have been sticking their collective bureaucratic heads in the sand, it's time to awaken them to an awareness of their liabilities and responsibilities. A first step would be to notify them by certified mail that they will be held collectively and individually liable for any injury, loss of life or property damage that ensues from their failure to remove a serious public safety hazard. If they won't budge, letters from your attorney might be more effective, with separate copies published in the legal notice column of your local newspaper. Good luck.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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