Big plumbing problem...advice?

[DaisyLynn]

If I describe this issue as someone who knows nothing about plumbing or building, then I'm sorry. I really know nothing. My husband has much greater knowledge of this stuff, but we are both kind of stumped as to what to do.

So, here is the story:

End of January we closed on our new house. The house was built in 2006 by a well-known builder in our area. We are on public water/sewer. The house is built on a slab foundation.

On March 3 we had the sewer back up into our downstairs bathroom. Disgusting does not even cover it. We had a plumber come out, flush the system and all was fine again. They blamed it on flushing too much toilet paper, tampons, etc. etc. Well, I've lived in many many places and have never had THAT happen, so I knew that it was just not normal. But of course, I don't really know what causes that to happen so that was it, we paid the bill and thought we were fine.

Yesterday I noticed the water level of the toilet downstairs was low, and it was brown and bubbling. I called my husband, who called the plumber, who then came today. He flushed it again, 4 times before it was clear. Then he stuck a camera down there. This is when he found that a steel rod had been driven through the pipe. My husband, who does know a thing or two about this stuff, said that it looked to be a rebar that was used to brace the foundation forms. It is under our house, and the two of them (DH and plumber) determined that it was located along the part of the house where our downstairs entry meets our garage.

So this is where we are at a loss. Who is responsible? Are we responsible? Sewer problems were not disclosed to us by the previous homeowners, the home inspector that the bank brought in did not catch it, the home inspector that we brought in did not catch it (but why would they? Is that even something that they normally check?). The inspection that should have been done by the city when the house was built did not catch it. Or is the builder responsible for driving a steel rod through the plumbing in the first place? I'm not the type of person who is looking for someone else to pay, but I really feel like we should not have to pay thousands to have this fixed. It's not like it is from "natural causes" i.e. a tree root pushing through a pipe. Someone screwed up.

Any advice on what we should do first?

 

[FredinFL]

I'd lawyer up. My first thought is the builder, then the housing inspector. Followed by your home inspector. I think your best bet is going after the builder, they are the ones that actually made the mistake. I don't know if there is a statute of limitations on this. Get a free advice meeting with a lawyer.

 

[DaisyLynn]

I'd lawyer up. My first thought is the builder, then the housing inspector. Followed by your home inspector. I think your best bet is going after the builder, they are the ones that actually made the mistake. I don't know if there is a statute of limitations on this. Get a free advice meeting with a lawyer.

Thanks for the advice. That's what a coworker of mine said, too. I've never had to hire a lawyer before - but I know attorneys specialize in certain areas. What kind should we look for?

 

[Sadie22]

A real estate lawyer who specializes in construction would be your best bet.

 

[dawson5]

Did the people you bought the house from leave any kind of paperwork? Some new(er) homes have a warranty on them. You are at the five year mark, this might be covered under it. (If you have one of those realtor home warranty, this would not be covered. We had an improperly insulated skylight that caused dripping in our bathroom, it was not covered. It wasn't something that broke, it was there from the beginning, so they said builder defect.)

Personally, I would think the builder is responsible. I can't see how anyone (homeowner) could do that. I am not sure if the previous owners would be responsible, unless they had the camera put down to see what is causing the problem. If they did that and did not disclose it, I would think you have a case for a lawsuit. If they had problems and just snaked it themselves, more than likely they did not know about the rebar and just chalked it up to something that happens to just about everyone.

Is there any way to repair it without tearing apart your house?

 

[DaisyLynn]

Did the people you bought the house from leave any kind of paperwork? Some new(er) homes have a warranty on them. You are at the five year mark, this might be covered under it. (If you have one of those realtor home warranty, this would not be covered. We had an improperly insulated skylight that caused dripping in our bathroom, it was not covered. It wasn't something that broke, it was there from the beginning, so they said builder defect.) My DH will be calling the realtor tomorrow, we actually bought the house from the same agency that had it listed. He will be asking about him having any knowledge about a home warranty, because we have no information on that here.

Personally, I would think the builder is responsible. I can't see how anyone (homeowner) could do that. I am not sure if the previous owners would be responsible, unless they had the camera put down to see what is causing the problem. If they did that and did not disclose it, I would think you have a case for a lawsuit. If they had problems and just snaked it themselves, more than likely they did not know about the rebar and just chalked it up to something that happens to just about everyone.

Is there any way to repair it without tearing apart your house?Nope. Even if they COULD cut out the bar, it has left a huge crack along the top/side of the pipe. But it was basically determined that it could not be cut. This will require someone jackhammering up our foundation in our garage and our house (since it's right at the entry point), and then we'd have to put it back together. And we have beautiful wood floors down there.

My responses are above in red.

 

[FredinFL]

First, start with a reputable real estate attorney, if he can't help, he can point you to the right type and reputable attorney.

Understand, most builders are a real ***** to deal with on these matters, you want someone who's going to go in and really fight for you. I believe you have a good case, but remember, builders can have staff attorneys that don't cost them any more than they already pay them. Make sure your attorney attaches court costs and try to get treble damages. This way you are covered for repairs AND get a little something for your trouble.

 

[tvguy]

Well, the short answer is you need to get this fixed now, which means it will be at your cost (or your homeowners insurance).
There are a number of trenchless options these days, so a repair may be far easier and cheaper than you think.
I suspect any final decision will be months or years down the road on liability. And if you are flushing tampons down the toilet, or white mice as they are known to plumbers, I'd stop that immediately. That is an absolute no no. And this many years down the road, it may be hard to hold a builder liable. Most new home warranties are only good for 1 year.
And I assume that you didn't require the seller to buy a home warranty to cover you.

 

[FredinFL]

ITA, your best course may be to go with homeowners. Yes, it chaffes, but it may be cheaper. Call your insurance agent. Tho, with a rebar in the way, I don't think tampons are the problem, it's plain old poop and toilet paper.

 

[DaisyLynn]

Thanks for all great advice. A lot of what you have all said has been dinging around in my head all night. I did talk to my insurance agent today (who happens to be a close friend) and will speak with him again in the next couple of days. He also mentioned an attorney, but that it may not be the cheaper option. DH is off the next two days, so hopefully he'll get somewhere with something.