What action can be taken against a builder for a faulty foundation?

UPDATED: Nov 16, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 16, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What action can be taken against a builder for a faulty foundation?

I purchased a house 5 months ago. The house was newly built and I now have large cracks in the walls in my basement and upstairs. There are several doors that don’t close siding that is bowing and a widening gap between the concrete on my driveway and the concrete in my garage. Someone stopped by my house and said he used to work for the builder and he knew that my house was built on a foundation with wall that were 2 inches less than the required width. He said that the city inspector knew about this and told the builder he would let it pass this time.

Asked on November 16, 2011 under Real Estate Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with a lawyer with experience in construction cases. Faulty construction, whether done negligently (i.e. carelessly) or intentionally (e.g. deliberately, to save costs) can give rise to a cause of action and right to sue for compensation. Violation of building codes is powerful evidence of this, but a violation can be found even if the builder met code or the construction was passed by an inspector. Given how much is at stake--the cost of repairing foundation and structural defects is enormous--it is well worth you time to consult  with a lawyer in detail about the situation and explore a lawsuit. You may also be able to sue the inspector and/or municipality, if you can show that he acted improperly in some way (not just that he was wrong in his decision, but that he never bothered inspecting it, did only a cursory inspection, did a favor for a friend, took a bribe, etc.).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption