OT: Architects, Structural Engineers, Contractors

Dec 15, 2012
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And whoever else may have knowledge - I bought a new construction home in 2011 in one of the many new subdivisions in Rankin County. I was finishing up my graduate degree until 2014 at UMMC and did bare maintenance on the home (like mowing and weed eating) due to time constraints with studying.

I noticed about a year ago that there were some places right outside my home that would hold a lot of water after a rain. I soon thereafter noticed a vertical crack on one side of the home that is all brick (no windows or anything - just a water faucet). The crack is about 1/4 inch at the bottom and goes somewhat vertically through brick and mortar through about 8 bricks, getting skinnier as it goes up.

I put up gutters about 5 months ago to hopefully get water away from my home, per a friend's advice. I now have noticed about 2 or 3 other vertical cracks through the brick starting at the base on the opposite side of the home (but much smaller). There is also one that I just noticed on the front side of the home near a corner (also vertical through a couple bricks).

Again, I'm in the health field and have little to zero knowledge regarding construction, architecture, and the like - and I'm obviously worried that my foundation is already in big trouble after only 5 years.

I have read online that it could be the soil, it could be a poor foundation, it could just be settling and cosmetic at best. I really would appreciate anyone's input, and feel free to laugh at me if need be. I feel kind of petty bringing this up with everything going on in Louisiana and SW MS, but I figured now is as good a time as any to become educated and act if need be. Thanks.
 

civildawg88

All-Conference
Aug 22, 2012
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Builders are required by law to provide a 7 year structural warranty from what I was told. You need to go through your closing documents and also try to contact the realtor you used.
 

Faustdog

All-Conference
Jun 4, 2007
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Builders are required to provide a 6 year structural warranty. Given that you're close to that expiring, he's probably going to put you off as much as possible. You may need to get an attorney to write him a letter if you see it going this direction. PM me if you want for more details.
 

bulldogcountry1

Redshirt
Jun 4, 2007
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Do you know if your home is on a filled area or if part of it is?

Are you seeing cracks on the drywall inside?

What kind of flooring do you have in that part of the home?
 
Dec 15, 2012
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I have no cracks in drywall anywhere, and none of the doors stick.

I have scored concrete throughout the home, except for carpet in the bedrooms. Cracks are throughout the scores floors, but have been that way since I bought it. I honestly haven't paid attention if they got worse, but I know the cracks seem to be random and are not matching the same location as the main one (or others) in outside brick.

To the others that have replied, I don't see much in my closing documents (but I also skimmed briefly and am not a lawyer haha). If the builder is responsible for 6 or 7 years, what is the typical protocol - do I contact a structural engineer first, and then contact the builder if the problem is legitimate? Or just go straight to the builder?
 

ShrubDog

Redshirt
Apr 13, 2008
5,307
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Whenever I look at any type of property I always see how the water flows. The topo maps never tell what is really going on. Grading plans are not followed correctly either. The water around the house could be accelerating the shrinking and swelling of the soils.

The biggest problem in Rankin County is the yazoo clay. The streets close to your home are probably like a roller coaster. Depending on the developer or builder there is a good chance they cut and filled with the dirt on site. They just want to throw these houses up with very minimal site work and not bring in good dirt cause it cost money.

Builders I know who do custom homes dig out 6-8' of existing dirt and refill with good dirt. This is not a 100% fool proof way to stop foundation issues but it helps. Gardens of Manship/Hugh Ward is an example of were they don't do this. Now there may be a few exceptions in there. I personally know a guy who is a jake leg builder and he cuts corners forwards and backwards. I am sorry you are going through this and I think its a foundation issue as a direct result of poor soils.
 
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Shmuley

Heisman
Mar 6, 2008
23,938
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Cracks in brick? In Rankin County? You must be kidding. [/insert 100 sarcasterisks]. Dude, you and 75% of Rankin County homeowners have evidence of settling like this. Moving along.
 

scotchie42

Redshirt
May 26, 2013
195
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Brad, Google "Yazoo clay".

I have no cracks in drywall anywhere, and none of the doors stick.

I have scored concrete throughout the home, except for carpet in the bedrooms. Cracks are throughout the scores floors, but have been that way since I bought it. I honestly haven't paid attention if they got worse, but I know the cracks seem to be random and are not matching the same location as the main one (or others) in outside brick.

To the others that have replied, I don't see much in my closing documents (but I also skimmed briefly and am not a lawyer haha). If the builder is responsible for 6 or 7 years, what is the typical protocol - do I contact a structural engineer first, and then contact the builder if the problem is legitimate? Or just go straight to the builder?

The Jackson area is one of the worst places in the U.S. for foundations. look at I-55, voted the worst Interstate on the U.S., as an example. There are things you can do to the yazoo clay soil to prepare an area for construction, but once a structural foundation is completed and the structure is in place you have a major, and very expensive problem.
Google Yazoo Clay and talk to a Geotechnical Engineer. Maybe you will luck out and there will be a relatively simple fix.
 
Dec 15, 2012
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Cracks in brick? In Rankin County? You must be kidding. [/insert 100 sarcasterisks]. Dude, you and 75% of Rankin County homeowners have evidence of settling like this. Moving along.

I appreciate the sarcasm, and I truly hope your assumption is correct and that it is no big deal. Since it was recently a new construction, I figured I should ask and not let whatever potential warranty exists pass me by in case it is a big deal.
 

ronpolk

All-Conference
May 6, 2009
9,173
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I have no cracks in drywall anywhere, and none of the doors stick.

I have scored concrete throughout the home, except for carpet in the bedrooms. Cracks are throughout the scores floors, but have been that way since I bought it. I honestly haven't paid attention if they got worse, but I know the cracks seem to be random and are not matching the same location as the main one (or others) in outside brick.

To the others that have replied, I don't see much in my closing documents (but I also skimmed briefly and am not a lawyer haha). If the builder is responsible for 6 or 7 years, what is the typical protocol - do I contact a structural engineer first, and then contact the builder if the problem is legitimate? Or just go straight to the builder?

I'd just contact the builder. But you could just get an engineers report first. I don't think it cost too much.
 

rugbdawg

Redshirt
Oct 10, 2006
5,251
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I have a custom built Gardens of Manship home. It was dugout appropriately. No foundation issues in year 7. Some of the houses around us...bad shape.
 

Hoover Dawg

Redshirt
May 16, 2016
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First things first. Get the water to drain away from your house. This is as simple as it sounds. Gutters are good, but make sure everything slopes away. Get out your shovel if not.

After that.....yeah......welcome to Rankin County, and all of Jackson really. My uncle recently had to jack up his foundation due to this. A lot of companies do it, but it ain't cheap, and pretty invasive.
 

RocketDawg

All-Conference
Oct 21, 2011
19,067
2,137
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We had a foundation problem 5 or 6 years after buying our house. We had a 10-year Homeowners Warranty, but it didn't matter. Both the insurance company and the builder had gone out of business. There's no consumer protection for that that I know of.
 

archdog

Redshirt
Aug 22, 2012
1,882
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Your house probably does not have a structural engineer. The soil below your house probably has Yazoo clay expansive. Add moisture and it expands.

Have a lawyer write a letter to the contractor.
 

jxndawg

Freshman
Dec 26, 2009
247
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All new construction has a sort of 6 year warranty for major issues. It's basically because Mississippi has a 6 year statute of repose for suits related to defects in new residential construction. A statute of repose is different from a statute of limitations - a statute of limitations says you have to file suit within a certain amount of time after discovering a problem, while a statute of repose says you have to file suit within a certain amount of time, period - it doesn't matter whether you could've/should've discovered the problem. In other words, 6 years after buying a newly-built house, your time is up to file suit, even if the problem didn't show up until 6 years and 1 day later.

The end result is, if there's a problem with your foundation then you have to file suit within 6 years of purchase, and if you don't you're SOL. I'd start talking to the builder about the problem and see what he does - if he puts you off or doesn't otherwise completely fix it before the 6 years runs, you'll need to think about hiring a lawyer.
 

EAVdog

Redshirt
Aug 10, 2010
2,336
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As some have said its most likely the Yazoo Clay. It is a type of Bentonite Clay that shrinks and swells 100's of times its granular composition. The problem is that it moves when it gets wet, expanding, and shrinks when it drys. Adding gutters most likely removed a source of moisture and has caused shrinking. Which may have been the cause for the additional cracks. Typically newer homes have additional reinforcing to counter soil movement.

Did you have any soil borings done before you bought the house?

Does the crack travel vertically through layers of brick or does it wind it's way up through the mortar joints? Usually it's worse if it travels through the brick.

It's probably not the end of the world but it would be worth having a foundation guy look at it.
 

bulldogcountry1

Redshirt
Jun 4, 2007
2,311
1
38
I have no cracks in drywall anywhere, and none of the doors stick.

I have scored concrete throughout the home, except for carpet in the bedrooms. Cracks are throughout the scores floors, but have been that way since I bought it. I honestly haven't paid attention if they got worse, but I know the cracks seem to be random and are not matching the same location as the main one (or others) in outside brick.

To the others that have replied, I don't see much in my closing documents (but I also skimmed briefly and am not a lawyer haha). If the builder is responsible for 6 or 7 years, what is the typical protocol - do I contact a structural engineer first, and then contact the builder if the problem is legitimate? Or just go straight to the builder?


Are the cracks in the floor just small cracks (less than the thickness of a penny) that are flush across the top, or are they offset where you can actually see some of the face of the crack?

What does your driveway and the roads immediately near your house look like? Cracked, smooth, wavy, lots of patches?

Are the cracks near a corner of the wall?



Typically, foundation problems lead to a stair-step crack following a mortar path. Vertical cracks typically come about form some sort of thermal issue or retainage of moisture in the wall. To get a vertical crack due to foundation issues, the wall is being bent like trying to break a cracker. This is more common near corners where a perpendicular wall is pushing/pulling against it.
 

Faustdog

All-Conference
Jun 4, 2007
4,021
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I believe there is a warranty provided by the Homebuilder's Association in Mississippi in case the builder goes out of business, but it is much more limited.
 
Feb 19, 2013
1,250
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And whoever else may have knowledge - I bought a new construction home in 2011 in one of the many new subdivisions in Rankin County. I was finishing up my graduate degree until 2014 at UMMC and did bare maintenance on the home (like mowing and weed eating) due to time constraints with studying.

I noticed about a year ago that there were some places right outside my home that would hold a lot of water after a rain. I soon thereafter noticed a vertical crack on one side of the home that is all brick (no windows or anything - just a water faucet). The crack is about 1/4 inch at the bottom and goes somewhat vertically through brick and mortar through about 8 bricks, getting skinnier as it goes up.

I put up gutters about 5 months ago to hopefully get water away from my home, per a friend's advice. I now have noticed about 2 or 3 other vertical cracks through the brick starting at the base on the opposite side of the home (but much smaller). There is also one that I just noticed on the front side of the home near a corner (also vertical through a couple bricks).

Again, I'm in the health field and have little to zero knowledge regarding construction, architecture, and the like - and I'm obviously worried that my foundation is already in big trouble after only 5 years.

I have read online that it could be the soil, it could be a poor foundation, it could just be settling and cosmetic at best. I really would appreciate anyone's input, and feel free to laugh at me if need be. I feel kind of petty bringing this up with everything going on in Louisiana and SW MS, but I figured now is as good a time as any to become educated and act if need be. Thanks.

Here is a link to the New Home Warranty Act from the 2010 MS Code.

Of note from section 83-58-7:

[FONT=&quot]§ 83-58-7. Written notice of defect to builder.[/FONT][FONT=&quot] [/FONT]
[FONT=&quot]Before undertaking any repair himself, except repair to minimize loss or damage as provided in Section 83-58-5(2)(d), or instituting any action under Section 83-58-17, the owner shall give the builder written notice within ninety (90) days after knowledge of the defect by registered or certified mail, advising him of the defects and giving the builder a reasonable opportunity to repair the defect. The builder shall give the owner written notice of the requirements of this chapter at the time of closing. If the builder does not provide such notice, the warranties provided in this chapter shall be extended for a period of time equal to the time between the warranty commencement date and date notice was given. [/FONT]

Here are a couple of engineers that do this type of work and that I can recommend:

Gary Rogers: 601-427-5003
Jimmy Miller: 601-856-9979

Whatever you do, do not put this off....and damn sure don't listen to anyone that is saying, "Don't worry about it.....this happens to everybody's house in MS." It doesn't, and if you really have 1/4" cracks opening up in the side of your house then that is not something to blow off, because you could be looking at the beginning of some serious foundation issues that will be expensive to fix. So get on the phone immediately and figure out what steps you need to take to ensure that you get this covered under the New Home Warranty Act. And don't just let your builder come out there and patch up the brick and tell you that you're good to go....make sure that a structural engineer does an inspection and signs off on the repair.
 
Dec 15, 2012
145
0
0
Are the cracks in the floor just small cracks (less than the thickness of a penny) that are flush across the top, or are they offset where you can actually see some of the face of the crack?

What does your driveway and the roads immediately near your house look like? Cracked, smooth, wavy, lots of patches?

Are the cracks near a corner of the wall?



Typically, foundation problems lead to a stair-step crack following a mortar path. Vertical cracks typically come about form some sort of thermal issue or retainage of moisture in the wall. To get a vertical crack due to foundation issues, the wall is being bent like trying to break a cracker. This is more common near corners where a perpendicular wall is pushing/pulling against it.

Most of the indoor cracks are pretty small I would say. Driveway is pretty smooth but also has a few cracks. Roads are not good. Neighborhood still hasn't been finished, so top coat hadn't been put on. All the cracks are vertical straight through the brick. No stair stepping.
 
Dec 15, 2012
145
0
0
Here is a link to the New Home Warranty Act from the 2010 MS Code.

Of note from section 83-58-7:



Here are a couple of engineers that do this type of work and that I can recommend:

Gary Rogers: 601-427-5003
Jimmy Miller: 601-856-9979

Whatever you do, do not put this off....and damn sure don't listen to anyone that is saying, "Don't worry about it.....this happens to everybody's house in MS." It doesn't, and if you really have 1/4" cracks opening up in the side of your house then that is not something to blow off, because you could be looking at the beginning of some serious foundation issues that will be expensive to fix. So get on the phone immediately and figure out what steps you need to take to ensure that you get this covered under the New Home Warranty Act. And don't just let your builder come out there and patch up the brick and tell you that you're good to go....make sure that a structural engineer does an inspection and signs off on the repair.

So, just to be clear - you recommend contacting an engineer (such as the ones you have provided) first, and if they see a significant problem, then I go through the process of contacting the builder in the process you've listed?
 
Feb 19, 2013
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381
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So, just to be clear - you recommend contacting an engineer (such as the ones you have provided) first, and if they see a significant problem, then I go through the process of contacting the builder in the process you've listed?

Honestly, I am not sure what order it needs to be done in. If it were me, I would probably start by calling my realtor....he should at least be able to point you in the right direction. If he isn't any help, then I would try the engineers I listed above or the MS Home Builders Association of Jackson......and if I still didn't feel good about the information I had gotten, my last resort would be to call an attorney (do a google search on the MS New Home Warranty act and plenty will pop up). But the important thing is to get that certified letter to your builder to get the process started.