New Septic System Troubles

   / New Septic System Troubles #41  
Listen, I lived in SC for 25 years. NEVER assume your builder, or his subcontractor, know anything about what they do. I am not joking, I have never been in an area with such incompetence in the building trades. Get the engineer to figure it out, and get the builder to fix it. Otherwise, you will be fixing it when you go to sell the house, and it fails the septic certification.


Can not attest to the incompetence part but would agree with the rest of this. Have the engineer figure it out and get the builder to fix it on his nickel. Agree with the point about it failing a septic inspection in the future and your having to pay to rework it on YOUR nickel.


A good and smart contractor or sub contractor will learn it is cheaper to get in there and fix it even if it costs them some money. Litigation, bad feelings and reputation are all more costly than making this right. As a contractor with 3o years experience I can say that every once in a while I have had to go back and rework something due to my fault or a sub's fault. Just apologize, fix it right and move on. You will remember it and not make that mistake again.
 
   / New Septic System Troubles #43  
"just put a pickup load of dirt on it. "
I wouldn't just be getting a lawyer, I'd be getting the meanest s.o.b. lawyer in the area. I'm no engineer but it sure sounds like you ran into some cut and run types who will be nothing but no-show trouble until your system is done right.
 
   / New Septic System Troubles
  • Thread Starter
#44  
Update.

We went months without any issues after I started this thread...until it started raining again. The system seems to keep up fine when the weather is relatively dry, but as soon as we get a big rain storm the system is full.

I went back and forth between the builder, septic company, DHEC, and the engineering firm countless times to get this sorted out.

The short version of all this is that the engineering firm sent their soil classifier back to my house to re-classify the soil. The classifier found a layer of clay, and wrote a report for the engineering firm. The engineer called me and said that the original soil classification was wrong. The engineer concluded that the layer of clay and organics beneath the clean sand fill they brought in is making the drain field act like a large bath tub instead of operating correctly.

The proposed fix is to add a 3rd drain line (there are currently 2), next to the 2nd drain line. This drain line is to be dug to a depth that bypasses all clay and organics. The septic installers will also add what is basically a cistern at each existing drain line that punches below the clay/organics layer to improve their performance.

We only live on .4 acres, so adding a 3rd drain line is not ideal...half the back yard will be drain field at that point.

There is also poor access to the drain field, as there is a tight squeeze between our AC compressor and a large tree, as well as a 5' wide fence gate. The septic installers are saying that part of the fence will need to be removed and reinstalled because their equipment needs 80" of clearance.

Through all of this, I have been extremely patient...probably too patient. The septic company has had to pump our system out twice as we could not flush the toilets. Thankfully we had that area in the drain field that water was gushing out of...or we could have had a backup into the house.

I have called the local bar association to get a referral to an attorney. I tried calling a few in the area using a "find a lawyer" website and came up empty. None of them deal with this kind of issue (construction defects). I am tired of the lip service and think I reached my breaking point this morning.

I will post again as I get more info. I didn't want to leave this thread hanging.

What I have learned through all this is that inspections are kind of a joke...maybe it is just here. Also, my faith in contractors continues to dwindle...which is why I do nearly everything myself.

I nearly have a shed that I built complete, and a screened in porch is next. Then a bathroom re-do. I will likely hire someone to tile a shower for us...and I am already sweating as find a trustworthy, competent contractor is hard :confused2:

A picture of the shed (some good to go with the bad)

shed1.jpg

-Joe
 
   / New Septic System Troubles #45  
So the engineer has admitted fault and designed a fix. They will now need to pay a company to ensure this is completed. You don't say if it's going to be the original installers. You also don't say whether or not the installers are pulling this for free. My fear with lawyering up now is the lawyer will only delay things at this point. The engineer has admitted fault so I'd be asking them what the schedule is- I'd assume they are paying for the fix.

Most states require the contractors and professionals to warranty against construction defects. Idaho is one year and California is 10 years. I'm not sure what your state requires. That would be an easy thing to figure out though.
 
   / New Septic System Troubles
  • Thread Starter
#46  
So the engineer has admitted fault and designed a fix. They will now need to pay a company to ensure this is completed. You don't say if it's going to be the original installers. You also don't say whether or not the installers are pulling this for free. My fear with lawyering up now is the lawyer will only delay things at this point. The engineer has admitted fault so I'd be asking them what the schedule is- I'd assume they are paying for the fix.

Most states require the contractors and professionals to warranty against construction defects. Idaho is one year and California is 10 years. I'm not sure what your state requires. That would be an easy thing to figure out though.

Statute of Limitations on this in SC is 3 years.

I am not sure who is going to end up paying the tab...I have not asked. I know that the septic installers have been billing the builder for the septic tank pumping that we have had done. I am not sure if he is back-charging the engineering company. I have not been asked to pay for anything. The original installers are the ones that would be doing the fix. The original installers and the engineer have been in contact throughout this whole process.

We will see what happens over the next couple weeks...I have calmed down a little since my last post.

There isn't a lot of information on this sort of problem online, making research hard. The fix honestly seems a little like a hack to me, which is why I was getting a little fired up. That, and the septic company that will be doing the install can't seem to give me a timeline other than "we are really busy and we will get to it soon". It would seem like, especially in this industry, if you have a customer with a failed system, that should take priority over other jobs.

-Joe
 
   / New Septic System Troubles #47  
With a particular quality of contractor ""we are really busy and we will get to it soon" means that that time spent in correction will not generate any cash.
Those types want the $$'s at every days end!
Sadly there some trades that seem a bit shy in the ethics department.
A real serous contractor would want to clear up any complaints ASAP so as to maximize his reputation.
 
   / New Septic System Troubles #48  
Your contact is the house contractor and the engineering firm. As long as the tank is pumped I'm not sure what the rush is. They have pumped it every other time- I see no reason to worry it won't get done again......unless you lawyer up and or piss them off. What other info do you need? Happy to help. This sounds like an honest mistake they are owning/admitting and are going to fix. The layer of clay is what they will get below and hopefully that fixes things.
 
   / New Septic System Troubles #50  
Statute of Limitations on this in SC is 3 years.

I am not sure who is going to end up paying the tab...I have not asked...

I would get that point cleared up immediately and in writing.

When I had a construction defect a few years ago, it was handled by a real-estate lawyer. It was expensive, even though we never even went to trial.

Most engineers have "errors and omissions" insurance that should pay for this kind of thing, the problem is that the insurance companies are cheapskates and will want to get away with paying as little as possible.

To me, what you should start with is a letter from your lawyer to the engineering company and the contractor asking who is going to pay for the fix. This might cost a few hundred $, and might get the result you want which is a return letter accepting responsibility for the cost. To me that is a low budget start.

What you really don't want to happen is that a large amount of work is done without deciding who will pay the bill. In most states, whoever did the work can place a lien on your property if there is no payment. This situation can easily devolve into a very costly go-round of legal fees and litigation that will drain your bank account, no matter how robust it might seem at the beginning.
 

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