Water is pressing through the wall and floor into the parking garage

We live in a building with a total of 30 condominium owners. The building was completed in June 2010. The building is built into a hillside. The parking garage is surrounded by earth on one side and not on the other side (because it is built into the hillside). At the wall of the parking garage where there is earth behind it, water is pushing through the wall at several points. This is manifested, on the one hand, by heavy calcification in some areas, and in other areas, you can simply see more or less round water patches on the wall. About 6 months ago (after several complaints...) the construction company applied a "dark gray" substance to the damp spots, which temporarily stopped the water breakthrough (which looked very unsightly because you could see from afar where the repairs were made). However, the water breakthroughs could not be stopped with this. The water simply found its way at other spots, including where the "gray substance" ended. The construction company told me this week that at the 2-year final building inspection the new spots would also be sealed again. I replied that this was just so-called "band-aid politics," as the water will always find new ways.

However, the water is not only pressing through the wall but also from below through the garage floor. Because of this, there are sometimes large damp spots on the garage floor, which are easily visible to the naked eye.

We, the condominium owners, are of the opinion that the water drainage (rainwater) was not properly regulated in this case. A so-called drain pipe was either forgotten or at least not installed properly. According to the construction company, when asked this week, they said they did not install a drain pipe, then later said they did (all only verbally). And furthermore: this is just the parking garage and not a living room, so one has to live with such water breakthroughs. I then replied that in the long term this would certainly be detrimental to the building fabric, to which the guy from the construction company said that was not the case, water does not harm the concrete, and through the calcification it even becomes firmer than before.

For us, the so-called 2-year final building inspection is coming up in about 1 month. I would be very grateful for tips! The main question is whether this is a construction defect or not. And if so, how can it be fixed!? In my opinion, this is even a prototype of a construction defect. As explained, the construction company sees it differently... Many thanks in advance for all answers!

Hello,

In about 1 month we have the so-called 2-year building acceptance. I would be very grateful for tips! It is mainly about the question of whether this is a construction defect or not. And if so, how it can be remedied!? In my opinion, it is even a prototype of a construction defect. However, as stated, the construction company sees it differently...

I would spontaneously also want to guess that the seepage water was not taken into account; unfortunately not so rare on slopes :confused: Nevertheless, this is of little use to you because my opinion on this matter has no value for you.

You are 30 owners, if I understood correctly ... so plenty of opportunities to put money into it. Find a building expert with a focus on building moisture near your place of residence and commission him together as a community of owners with the assessment of the water damage to the masonry and floor.

This expert can show you possible solutions based on the documented damages, which you can then present again at the annual building acceptance. If necessary, he can also accompany you to the meeting and act as a mediator.

You must know – at least it is like that in Germany – that the expert report of this expert, should the matter go to court, will not be recognized by the court since the court itself will commission a court-appointed expert. But it does not have to come to that, because it is entirely possible that involving your expert will prompt your construction company to take action and that it will not come to a legal dispute.

Kind regards