Construction Defects - Soil Issues

March 4, 2009

Problems related to the soil underneath your home can result in significant structural damage. The types of soil issues that can arise are:

When soils issues occur, they can cause a variety of problems with your home:

  • Cracks in the foundation, walls, ceilings, patios, sidewalks, driveways, or retaining walls
  • Doors, windows, or cabinets that are difficult or impossible to open or close
  • Water intrusion or wetness at the foundation level leading to mold or structural damage
  • Landscape erosion or water pooling

Expansive Soil

Soils with high clay content are called “expansive” because clay volume actually increases when the soil becomes wet, and shrinks when the soil dries. Though expanding soil can literally lift an entire structure, what happens most often is that the foundation is lifted unevenly because of variations in the soil composition and wetness. Uneven lifting causes the foundation to crack, and also causes cracks in exterior walls and interior walls and ceilings.

Because of the significant damage that can occur from soil issues, many jurisdictions require a “soils report” before approving a building permit. A soils report is provided by a soils engineer who obtains and examines several core samples from the ground where construction is proposed. Where expansive soils are identified, several measures can be used to minimize potential problems:

  • Expansive soil can be removed and replaced with non-expansive soil.
  • Foundations can be designed to be stronger to withstand the forces of expansive soil.
  • Groundwater management features can be used to minimize changes in soil wetness.

Soil Compaction

Altogether, the building materials that go into a residential structure weigh many tons. If the soil is loose, the enormous weight of the house will compact the soil, causing it to sink. Once again, this type of soil movement (called “soil subsidence”) usually happens unevenly, resulting in cracks in the foundation and other parts of the home. Other signs of soil subsidence include doors, windows, or cabinets that are difficult or impossible to open or close, and cracks in patios, sidewalks, driveways, and retaining walls.

Soil compaction is required when the soils report indicates the natural soil is not dense enough to support the structure, or when dirt is imported to the home site for raising or leveling the lot. A grading contractor follows the soils engineer’s recommendations and compacts the soil using heavy equipment. The process is completed when new core samples indicate the soil compaction meets the engineer’s specifications.

Saturated Soil

In some locations, the natural water table is not very far below the surface of the soil. This can lead to difficulty compacting the soil properly, or it can become the source of water entering the building at the foundation level.

If saturated soil makes the soil impossible to compact properly, some type of water management system has to be employed to eliminate or control the source of water. The ground then needs to be turned up, dried and compacted. If the soil is not conditioned and compacted properly, the result will likely be cracks in the building structure.

To avoid water intrusion or foundation wetness problems that saturated soil may cause requires employing specific countermeasures in the foundation’s design and construction. If the proper measures are not implemented correctly, constant dampness at the floor and subfloor level can lead to mold, and structural decay and damage.

Drainage

A cardinal rule in residential construction is that water must be directed away from the home’s foundation.  Given the problems already discussed regarding expansive and saturated soils, it’s apparent that allowing water to collect around a home’s foundation is inviting trouble. Poor drainage design or implementation can also lead to completely new problems - soil erosion or water pooling.

Several techniques commonly used to achieve proper drainage are:

  • The home is built on a raised dirt pad that is higher then the surrounding ground.
  • The lot is gently sloped in the direction that water runoff should flow.
  • Erosion protection measures are employed on steep slopes.
  • There are no unwanted depressions where water can pool.
  • Where unwanted water pools unavoidably,  a drain or other mechanism to remove water is installed.

As an option, gutters and downspouts can also help capture rainwater and direct it away from the building’s perimeter.

Soil Movement

Beyond the conditions already discussed in connection with expansive soils and poor compaction, the phrase “soil movement” is often synonymous with “landslide” – an obviously disastrous event when your home or property are involved. But shifting earth can also progress slowly, in what is sometimes called a “slow-moving landslide.”

Clearly, no sane builder would construct a home where a known landslide potential exists. But in some subdivisions, massive amounts of fill dirt are imported to level hills and ravines for new home sites.  Inadequate engineering or compaction can lead to a huge filled area breaking away and sliding downhill, taking one or more homes with it.

Homes are also sometimes built in areas where slow-moving shifts in the earth exist but have not been previously noticed. Depending on the speed of the earth movement, it may be years before the sticking doors and windows or telltale cracks begin to appear.

Sudden soil movements have also been caused by ground saturation when the drainage from a new housing development was not properly channeled.

Who Is to Blame?

Building codes and engineering standards are intended to prevent the type of major damage that can occur from various soil issues. If your home has been damaged because of soil problems, it’s likely because of someone’s negligence during the engineering or construction process. Breakdowns in the process can include:

  • Soils report was not obtained
  • Soil samples were too few or improperly analyzed
  • Inadequate soil preparation and/or compaction
  • Inadequate foundation design or defective materials/construction
  • Inadequate grading
  • Inadequate water management measures

How Do You Proceed?

Getting to the root cause of the problem and who is responsible is going to require expert assistance.  A construction defects attorney has access to expert witnesses who can investigate your situation and determine exactly what happened, why, and who should be responsible for your damages.

Each state has its own laws specifying a time limit (the statute of limitations) for filing a construction defect claim. Therefore, if you think you need an attorney, contact one right away.

If you need assistance finding an attorney, please contact us using the form on the right.

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