Construction defects - Damage control?

Good evening, as the title already says, our new building (shell construction) was totally botched in autumn 2018 and has to be renovated. In the course of this renovation, we are considering changes to the staircase (these are to be carried out by a third party).

1. In the basement in June 2019, there was almost 50 cm of groundwater in the dense concrete basement for about 2 weeks. 2. Bricks not according to wienerberger guidelines (instead of thin-bed mortar 5 mm and more joints) 3. Flat roof incorrectly executed - sloped insulation not according to installation plan and afterwards cut to create a slope 4. Basement was dug over 50 cm too shallow - consequence: the house is too high according to the small garden law. not consolidated.

Suing the company is not possible - costs would be enormous for court proceedings, lengthy - lasting years and the company can file for bankruptcy at any time. The consequence would be that we would also be stuck with the court costs. We have already consulted 6 construction law lawyers about this. We cannot afford to tear down the house and rebuild it, although we will always have uncertainty because of the leaking basement. We are near a river and high groundwater is a topic every spring after the snowmelt. We are totally desperate.

The building authority does not help: despite clearly too high elevation. The new submission plan according to the construction company will supposedly be approved, although clearly (according to a recent survey by the certified surveyor's office) too high. It all sounds like a bad movie, but it is true.

The defects became apparent from summer 2019 and since then we have had an expert.

Our only option is to put on a brave face and reach a consensus with the construction company, we have already paid about 250,000 EUR for the shell construction.

The floor plan has an external dimension of 8.3 m x 6.15 m. From the ground floor to the basement there is a very uncomfortable concrete staircase about 4 m long and 1.3 m wide. (26 cm tread, 18 cm high)

We are considering involving an architect again and changing the staircase to possibly 2 x 2 m half-turned or slightly rotated. We no longer enjoy the whole house. The staircase should also be max. 90 cm wide, not 130 cm.

On one short side there would be a 4 m kitchen and 1.5 m WC. Then dining area towards the long side and living area. There would be a 3 x 2.2 m high lift-and-slide door on the second short side.

In the course of this whole mess, doubts arise about the floor plan and the staircase. We have 2 school children and a toddler and have wanted to be in the house since last autumn.

Sorry for the length of the post. I can only upload the plan next week. Please share your opinions on changing the staircase (this would involve demolition of the staircase and widening but shortening of the stairwell).

should mean demolition of the concrete staircase connected

according to the small garden law

Where are you building?

the floor plan is outer dimensions 8.3 m x 6.15 m.

What are you building? That’s only 45 sqm interior (if at all).

we have 2 school children and a toddler

... in that house?

we have already paid about 250,000 EUR for the shell construction.

That should actually be the cost of the whole house. The problem is not the poor workmanship, but you were ripped off with the price.

Or massively overpaid. Dirt.

So you really don't need to worry about the stairs there, we have exactly the same dimensions in the basement and that doesn't cause any problem at all....

I understand that now you have doubts about the floor plan, you can post it but not much will be able to be changed there

So you are getting the house approved as too tall by the authorities, which is actually nice otherwise you would have to tear it down, which you can't afford?

The only really serious problem is the wet basement, what was botched there according to your expert?

we are building in Vienna. we thought about it for 10 years, talked to various companies, planned, and ultimately ended up with the wrong company.... regarding the price: unfortunately, these are the prices in Vienna. we paid 206,000 EUR for the shell construction and just under 29,000 EUR for excavation.

we are building in the Kleingartenbund, where you are allowed a maximum of 50 m2 of enclosed space. the basement is supposed to be a living basement. we have just under 300 m2 of garden and in Vienna 5 minutes to the [U-Bahn] is simply luxury.