"Zhixin Tang" wrote in message
om...
Hi, I found out there is a vertical crack on the
foundation wall
(poured concrete) all the way from ceiling to floor. It is
on the 40'
foundation wall, in the middle of garage, close to steel
pieces in the
concrete, about 1/8" wide. The foundation is only 2 months
old and the
house is close to completion.

I think one wall is settling down more to cause the crack.
I am afraid
that the crack will become bigger when settling continues.
Is not rare
for a 2-month foundation has such a long and wide crack?

Not "rare," but certainly not routine or normal.

I am
currently requesting the builder to hire a structural
engineer to
assess the problem.

Have the builder propose his solution and timetable for
effecting it, in writing preferably. That way, any
competent authority can assess the damage, potential and
proposed solution in one effort. More effective, efficient
and also more equitable method to you and to the builder.

If you must retain a structural engineer, you should have an
agreement sufficient for the closing on your purchase
stating that you will retain and pay the engineer at your
expense. If, however, the builder disputes the hiring and
there is faulty construction, the builder shall reimburse
your expense.

Although you have not closed on the purchase, you do have an
equitable interest in the purchase and the property
sufficient to enforce the contractor's work and reasonable
performance. The contractor, however, must be given
opportunity to correct and/or complete his work without
penalty. How and when there is reimbursement of expense of
the engineer is the likely hang-up on enforcing any
agreement. If you are willing to chance that expense
without reimbursement, then go for it. If you are not,
proceed a bit more cautiously and give the builder adequate
opportunity.

Do go on record, written, with copies to everyone concerned
(seller, builder if different, title company, mortgage
company, etc.) as to the original complaint and request
(stay polite at this point . . . leave the "demands" to the
attornies) for correction suitable to you. Don't just say
suitable to an engineer. Say suitable to you. Of course,
it won't be suitable to you if it isn't suitable to the
engineer. However, what an engineer may deem technically
adequate may not be the workmanship either you or the
builder would prefer. (Remember, builders want to do good
work. They appreciate reasonable, patient buyers and will
usually work their butts off for a good buyer.)

But, CYA.

Good luck,
Jim

Since the house has been closed, I may have to option to
walk away if
it is a serious foundation problem.

Folks, I would appreciate your advice on this problem.
Also if I do
accept the home, I have to disclose the problem when I
sell the house
in the future?

Thanks.

Tom