Landscape and Soil Issues

Landscape and soil issues can be considered a construction defect. Although the make-up of soil is natural in existence, how you prepare the soil and/or build on the soil is the responsibility of the builder and developer.

A builder has the responsibility to analyze the soil and with the results determine the best construction strategy to use. Expansive soil and collapsing soil are two major types of soil for which there is technology and know-how of how to build upon. Both can cause certain landscape and soil issues if the proper construction strategy is not used.

Landscape and Soil Issues with Expansive Soils

Expansive soil is a major cause of property damage. When wet, expansive soil swells can create pressure that can be destructive and a leading cause of landscape and soil issues. Evidence of expansive soil is cracks that you will see in your landscaping. This is because once the soil dries it shrinks, and this back-and-forth movement easily shifts pavement and walls. This can all be avoided or at least the risk decreased if the builder or developers do their research to find out what kind of soil they have. The next responsibility of the builder is to choose the proper construction strategy. With the rate at which housing developments are going up, builders or developers will cut corners where they can and this could mean using a construction strategy that is cheaper and will not necessarily take care of the potential soil issues.

Landscape and Soil Issues with Collapsing Soils

Collapsing soils can also cause issues with your landscape and soil. Collapsing soil is loosely packed soil that can act like gooey clay depending on the amount of water it absorbs. You will see cracks in your landscaping on areas such as pavement, retaining walls and pillars. Like building on expansive soil, the construction technology is there, the builder or developer just has to choose to use the correct method. If they do not, then this can be a major construction defect that could have been avoided.

If you are noticing some subtle cracks in your landscape, walls, stucco, pavement, or garage floor these may be symptoms of a bigger problem. Your home may have a construction defect that although difficult to fix may be easy to determine. Do not wait - contact an attorney today to perform the proper assessment to determine if you have a defect and if so, what you should do next.

Faulty Drainage

Soil Contamination

Soil contamination is a result of man-made chemicals getting into the soil. This occurs in several different ways. Soil contamination can occur when an underground storage tank is punctured, when waste is leaked from landfills or when an industrial waste is discharged into the soil. This can be a huge concern since soil contamination can seep into the water supply if not cleaned up in time.

A builder should always know what type of soil they are dealing with including whether or not it has been contaminated. No matter the cause of the soil contamination, the important factor is what is being done to take care of it. People who may be in direct contact with the soil, e.g. those in parks, schools and playgrounds, should be aware if there is a soil issue and if so what is or has been done to fix it. This also holds true for soil that has yet to be contaminated. After surveying the land, the builder will learn what type of drainage is needed to avoid potential contamination of the soil. Soil contamination can occur when chemicals sit dormant in the soil because of faulty drainage as opposed to being washed away with correct drainage slopes. The builder and/or developer have the opportunity to take the necessary steps to help decrease the potential risk of soil contamination.

Subdivision Draining

Most planning departments incorporate a subdivision draining system to avoid the potential of the housing development to become flooded. Proper subdivision draining will provide an area with the proper safety nets in place for any major water issues or faulty drainage. As a home buyer, you have the right to understand what system is currently in place and if that system has ever been tested. Although it is not something you think about when making a purchase, it is something to think about when you start to see water issues within your home along with other construction defects. Do not hesitate to talk to the builder to get a better understanding of how subdivision draining works in your development.

Retention Basins

Retention basins are used to prevent flooding. Sometimes referred to as retention ponds, these retention basins are like a repository for rain. They are viewed as a good thing since it's a structure that is trying to replace the duties of a forest that would normally absorb excess water. With forests being cleared before development, a retention basin can be constructed to serve the function of a forest. Retention basins are quite common in new developments. With building roads, streets, etc. the soil that acts as a natural means of absorption is no longer there, so a retention basin is necessary to fill this void.

Do not try to become an expert on these faulty drainage issues. There is so much information out there that it can become quite overwhelming. Contact an attorney today to figure out your next step.