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disclosure etc.


Posted by tomh on December 18th, 2003 09:49 AM
In reply to Re: Another Basement Water Issue by Jesse on December 18th, 2003 07:38 AM [Go to top of thread]

Based on your original description, I think you will have a difficult time pursuing a civil liability (fraud / failure to disclose) case against the previous owner. Disclosure was made. Although it was not complete or detailed, the disclosure provided an opportunity for additional investigation. If a professional looked at the basement, he would have seen water marks, chipped drains and would have made appropriate notes in an inspection report. The difficulty in proving your case is that the previous owner was required only to disclose defects to the best of his knowledge. The cursory disclosure of moisture on the floor during rainfall probably meets that test.

The french drain aligned along one wall may be effective if it has a drain outlet. It may be tied to a sanitary drain. If not, and its below grade, it is a drain to no where and needs to be connected to a sump pit and pump. If the drain is connected to some outlet and is clear, it can be used for additional tributary drainage.

Drainage needs to be focused along the wall where water enters. This is consistent with the curtain drain concept in my original post.

Water from the floor center will most likely be resolved by a perimeter drain. The water table acts like water in a lake. If water is discharged over a dam, the water in the impoundment establishes a gradient that is higher in elevation the farther you move from the dam (drain). Because of resistence and capillary action in soil, the gradient below your basement is greater than in free surface water, but it will tend to equalize at the drain elevation. Intercepting water at the perimeter of the basement prevents water from rising in the center unless you have an artesian spring as a result of local geology. Consult a soils specialist.

It is normal for water to impinge on the walls and in cinder block construction, penetrate the outer wall and drain through the block to the footer to seeps that are cut in the bottom block towards the drain. When you install a perimeter drain, part of the design should be to cut these seeps to allow the wall to drain, rather than back up water within the wall. Waterproofing materials can take care of any remaining moisture as opposed to free-flowing water.

Your problem has a solution, but keep in mind, the soils it is built on may have severe limitations for construction of basements due to a perennial high water table. It is difficult to fully assure that your basement can be completely dry all the time, even with a well engineered draingage system. You should avoid storing high-value items in this area, and performing expensive finishing projects, until you are certain the problem is fully resolved.

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