If cracks appear due to movement of the structure, it is because the calculations were not done correctly.
If various sizeable cracks and hairline cracks appear in your home, they are not acceptable and are not the result of the “structure settling in”. These defects can be avoided if the design is correct, and the argument that movements in the structure, and therefore the appearance of the cracks affecting the building, could never be avoided is not acceptable, because there are mechanisms to prevent this kind of crack from appearing. All the more so if they are due to settlement of the foundations.
What is the architect’s liability?
The architect’s liability is determined not by what the regulations lay down but by preventing excessive movements of the structure that may cause cracks, the architect being liable not only for deficient design and technical supervision of the execution of the project, but also for his obligation to study and know the geological and geotechnical conditions of the ground on which the building is to be built.
Differential settlement of the foundations can occur for various reasons: an inadequate foundation system, inappropriate use of a structural system without sufficient rigidity to withstand the different loads and so achieve uniform settlement…
However, what matters is not the cause but the fact that the HOME HAS SETTLED differentially, and this means that, whatever the reason, what is clear is that the foundations designed were not suitable for the ground conditions on the site. Failing to take the ground conditions into account, when this leads to settlement or slippage of the building or damaging landslips, necessarily implies a defect in the ground.
That is why, if cracks appear in your home as a result of settlement of the foundations, the architect who drew up the design will have to answer for it, since his fundamental obligation is to study and know the geological and geotechnical conditions of the ground on which the building is to be built.
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