Communities across the state of Colorado sit on expansive soils, collapsible soils, or both. Those conditions have to be accounted for when a home or other structure is designed and built. The building codes require it. Where that does not happen, the soil can move, the structure moves with it, and without competent construction defect representation, the repair bill lands on the innocent owner.
Johnson Law represents homeowners, homeowners’ associations, and commercial property owners throughout Colorado in soil movement claims. We bring these cases against builders, developers, grading and excavation subcontractors, and/or the engineers who evaluated the site and designed the structure. The consultation is free.
What soil movement looks like
Shifting soils do not always crack the foundation first. More often the home simply goes out of level, and the drywall, tile, and other finishes show damage before the concrete does.
- Drywall cracks at the corners of doors and windows, and separation where walls meet the ceiling
- Doors and windows that stick, drag, or will not latch
- Floors that are visibly out of level or feel like they slope
- Cracks in foundation walls, sometimes with water entering through them
- Heaved or cracked garage slabs, driveways, patios, and sidewalks
- Fences, decks, and porches pulling away from the structure
- Broken irrigation lines, sewer lines, and other buried utilities
- Gaps opening between the baseboard and the floor, and cracked tile or grout
Expansive soil and collapsible soil are opposite problems
Expansive soil contains clay that absorbs water and swells, often with enough force to lift a foundation, a slab, or a driveway. When it dries out it shrinks again, so the structure is worked up and down season after season.
Collapsible soil holds together in a loose structure while it is dry and then loses that structure and consolidates when it finally gets wet, dropping whatever is sitting on top of it.
The damage inside the home looks similar whether it is expansive or consolidated soils, which is one reason builders are able to describe it as “normal” settlement for years. Both are common along the Front Range and on the Western Slope, and a single lot can have both. Johnson Law has investigated and brought claims for serious soils and association foundation issues across Colorado, including comprehensive claims spanning subdivisions in Berthoud, Parker, Colorado Springs, Salida and other communities.
Water can activate the soils’ ability to move
Soil under a properly drained, properly built home usually stays stable. The defect often hinges on water management designed or built through original construction.
- Final grade that slopes toward the home instead of away from it
- Downspouts discharging a foot or two from the foundation, or buried extensions that were never connected
- Sprinkler heads and planting beds installed tight against the structure
- Backfill that was dumped in and never properly compacted, which settles into a trench that collects water
- A perimeter drain installed above the footing, sloped the wrong way, built without filter fabric, not connected properly, or left out entirely
- Leaks in water or sewer lines running beneath the slab
- Rising and falling groundwater across a community, which can activate the soils on its own
The soil is rarely the defect. The failure to plan for it is.
Nearly every new home in Colorado is built on a geotechnical report that tells the builder what the soil is going to do and what to do about it. That report typically calls for some combination of the following.
- Over-excavating the expansive or collapsible material and replacing it with engineered fill
- Moisture conditioning the subgrade before anything is poured
- Drilling piers to a specified depth, often into bedrock, with specified reinforcement
- Void space beneath grade beams so swelling soil does not bear directly on the foundation
- A structural floor spanning a crawl space instead of a slab poured on grade
- Specific grading, drainage, and landscaping restrictions around the structure
We have handled many cases where the soils engineer did improper testing leading to improper recommendations. Even when the soils engineer does a respectable job, we regularly see those recommendations followed halfway, followed on paper only, or quietly value engineered out of the project. Comparing what the engineer told the builder to do against what the builder actually did is where a great many of these cases are decided.
You were entitled to the soils report before you closed
Colorado law requires every builder or developer to give the buyer a summary of the soils analysis and the site recommendations at least fourteen days before closing on a new residence. Where the site has significant potential for expansive soils, the builder must also supply a publication explaining the problems those soils cause, the building methods used to address them, and how the owner should care for the property. C.R.S. § 6-6.5-101. A builder who fails to do it owes a civil penalty to the purchaser, and the failure itself can matter in the larger case.
Most of the people who call us either never received that report or received a stack of paper they had no way to evaluate. Find yours. It is often the single most useful document in the file.
Who can be held responsible
- The general contractor and the developer
- The geotechnical engineer who evaluated the site
- The structural engineer who designed the foundation and floor system
- The excavation, grading, and concrete subcontractors
- The plumber, where an under-slab leak wet the soil
- A seller who knew about the movement and did not disclose it
The strict deadlines to file construction defect claims are unfair and faster than most owners expect. It is a complicated analysis and must be evaluated on a case by case and even defect by defect issue. Our recommendation is to CONTACT US as soon as possible for a free consultation so that we can advise you on these issues.
If you have questions about whether what you are seeing is the “normal settlement” your builder is describing or an actual defect that will require expensive repairs, a structural engineer may be necessary.
Johnson Law has handled hundreds of cases involving expanding or collapsing soils and can help you determine your options and next steps. Please CONTACT US for an evaluation of your potential claim or case, or call (303) 586-4829.
Johnson Law does not guarantee any results. Each case is different.
