Our Horror Story

In June 2009 we noticed large amounts of ground water saturating the left side of our Property, after a closer inspection we discovered a significant issue with water retention in our crawl space. Saussy Burbank was initially involved with the remediation of this problem, but never properly addressed the issue because of the high costs associated with this project. After months of investigating this issue, we wanted to make this information public to demonstrate how builders cut corners and leave the Homeowners “holding the bag” when issues arise. Back in 2001-2002 when the construction of our Property on Bankside Drive was initiated, the developer ARVIDA MID-ATLANTIC HOMES, INC. (subsequently purchased by St. Joe Company) did not properly waterproof our Property and did not install an adequate drainage system which would allow ground water to evacuate the Property efficiently and in a timely fashion. The lack of waterproofing of our structure and the minimal drainage system created by the builder in order to pass inspection, was installed incorrectly and allowed water to collect in the crawl space instead of out. The grading of our Property did not provide proper fall for ground water to evacuate correctly, which allowed large amount of water to collect in the crawl space area through the back foundation wall of the structure. Essentially the lack of a drainage system in the yard compounded with a grading issue caused ground water to remain trapped on the left side of the yard and in the crawl space. As you might know moisture retention along foundation walls and pillar posts will cause structural damage and possible structural failure, also the increased moisture content in the crawl space will cause mold and mildew which poses a direct health risk to the people living in the home. The water issues I am describing did not manifest itself until this year because 2009 has been the wettest year in almost a decade in our region, causing ground water and water tables to be extremely high. Under the assumption we had a 10 year structural warranty on our Property, and that Saussy Burbank had assumed all responsibilities for existing Homes and Vacant Lots in Monteith Park, we contacted the builder in June 2009 to address the retaining water in our crawl space. We later found out that there is no 2-10 Warranty on any of the homes built in 2002 on Bankside Drive. However, when we contacted Saussy Burbank they did not indicate they weren’t responsible for addressing this issue and went ahead and agreed to fix the retaining water in the crawl space. Unfortunately, they decided to address this issue in a matter that quite frankly made the issue even worse. Their own contractor (Moisture Loc) advised them to install a network of French drains on the property and in the crawl space, with one exit line under the sidewalk and directly in the adjacent road. Saussy Burbank ignored these recommendations and ordered Moisture Loc to simply address the water issue in the crawl space and take everything to an exit line at the end of the Property. Without the correct perimeter French Drain system in the crawl space and proper fall in the yard, large amount of ground water is weep continuously directly on the sidewalk (used by pedestrians throughout the day) which causes a possible fall hazard in winter months when this water will freeze and form black ice. Also, without proper fall the grounds on all sides of the Property are always saturated with standing water, making it impossible to walk on. Based on multiple recommendations from various Contractors including Civil Engineering Company, we are now faced with a repair expense of over $ 16,000.00 which includes:

1. Install a perimeter drainage system in the crawl space with a sump pump.

2. Install a network of French drains in the yard and a curtain drain along the fence line and tie all of them to one exit line.

3. Connect the exit line to an 8 inch dia. PVC pipe which will run under the sidewalk and directly in the adjacent City of Huntersville catch basin.

Based on our investigation of our drainage issues, I believe there is a larger problem at hand in this Community, I believe that many structures in this Community have been built on unsuitable soils or along possible subsurface water sources and soon many Homeowners like me will be faced with the same issues I am now trying to address.

After contacting our attorney, we found out that even with all the documentation I collected, the Builder is no longer responsible for these repairs. In the State of North Carolina, there is only a 6 year statutory limitation for negligence and fraud which were clearly present in this situation. As I move forward in making this information public to all venues, I caution any new Homeowner to take a closer look at their Properties and to address any building issue or concern immediately. Don’t assume even when a building inspector reassures you that everything in the home is fine, that problems will not arise several years later. Many of the issues related to drainage are directly linked to water tables and location which can bring issues that might not be visible for years after the construction of the property has ended.

It is time that we start working on a comprehensive reform to change our laws that shelter Builders against gross negligence, fraud and allow them to “cut corners” during the construction phase or hire the cheapest subcontractors in order to maximize their profits. It is time that we revise our building codes, to make sure that a home is built to last and that the homeowner is not left “holding the bag” with tens of thousands of dollars in repair expenses while the builders walk away with no responsibility.