Who do I claim against for the cracks in my house: the building contractor or the architect?
Enquiry: My home is 4 years old, and for the past year hairline cracks have been appearing all over the house, and they are turning into ever larger cracks. I have even put plaster tell-tales on some of the cracks (as an architect friend recommended) to see whether they are opening further, and I can see the tell-tales breaking. I am afraid it may be dangerous, because the house also creaks. I called the architect and the builder of my house; they came to look at the cracks and I have not heard from them since. They do not answer the phone or reply to my emails. What can I do? Who should I turn to?
Answer:
Judging by the photographs you have sent us, we consider that the cracks are significant, and they have in all likelihood been caused by settlement of your home’s foundations, so it is important to take a number of measures.
First of all, since the home is only 4 years old, we can tell you that it is under guarantee, so you can undoubtedly claim against those responsible.
Secondly, the most urgent thing is to obtain an expert report, studying the home’s geotechnical survey and the Construction Project, to find out the origin of the problem. Crack monitors should also be installed to track how the cracks develop and how much they are opening. Once the expert report is complete, a claim must be made against the architect who drew up the design, the building contractor, the quantity surveyor and/or the developer, each according to their responsibilities, and jointly and severally.
What is clear is that the home is not going to repair itself, and when the problem lies in the foundations, the repair is not cheap. So if the parties involved in the construction are liable, a claim will have to be made requiring them to carry out the repairs or pay compensation covering the cost of the repairs.
Any questions?