Non-Structural Foundation Repairs-Cheaper, Quicker.

Structural strength considers the capability of a foundation system to support its intended dead and live loads. Structural strength is concerned with stability, component strength, and material soundness. Deflection causing loss of section, loss of shear capacity, and excessive titling indicate potential structural element failure. When the data and engineering analysis clearly indicate this foundation has sustained a non-structural performance (serviceability) failure by deflecting greater than analogous deflection limit of L/360, non-structural remedial measures are appropriate. These measures are governed according to section 7, paragraph 7.3 of the ASCE Guidelines. These guidelines require the engineer to:

  1. Match the remedy to the type of foundation failure (performance); and
  2. Assure the proposed repair remediates the underlying cause of foundation failure (non- uniform bearing clay moisture content changes), and assure the repair is economically and technical appropriate for the type foundation failure.

Section 5.3 of the ASCE guidelines defines performance as “…the capability of the building to serve its intended purpose. Elements of concern are safety, function, durability, and habitability.” When formulating foundation repair methods due to inadequate performance, Section 5.8 of the ASCE Guidelines requires an engineer to consider if the repair :

  1. is cost effective,
  2. is practical,
  3. will perform satisfactorily over time,
  4. matches the client’s needs, and
  5. is “commensurate with the nature and cause of the [foundation performance] inadequacy, and the seriousness of its consequences”.

For residential foundation performance failures, applying Non-Structural remedial measures and monitoring foundation performance in lieu of structural repairs complies with the requirements of Section 5.8 of the ASCE Guidelines as follows:

  • Non-Structural Remedial Measures eliminate the cause & origin of the foundation performance failure (inadequate ground surface water drainage and non-uniform bearing soil moisture content along the foundation perimeter);
  • Non-Structural Remedial Measures will help reduce foundation system rotation and vertical displacement resulting from soil shrink/swell cycles by establishing a more uniform foundation bearing soil moisture content distribution around its perimeter;
  • Non-Structural Remedial Measures are practical, can be installed while the homeowner occupies the residence, and typically do not require the homeowner to vacate the premises for extended time periods;
  • Non-Structural Remedial Measures can achieve their intended purpose over time when installed and maintained according to design specifications.

For example, post-tension foundation performance can be impacted by post-construction activities unrelated to their core design criteria. If rainfall is allowed to pond or collect adjacent to a structure built on expansive soil, the structure may be subjected to unscheduled distress caused by swelling bearing soils due to increased soil moisture content. Lot surfaces must be graded to drain away from the structure in accord with the International Residential Code R401.3. To non-structurally repair a residential foundation system according to section 7.3 of the ASCE Guidelines, the following summarizes a potential set of remedial measures that can be recommended:

    1. Roof Rain Gutter System (ASCE, section 7.34).
    2. Drainage Improvements (ASCE, section 7.35). Surface GradingErosion ControlOption A-Surface Water Drainage System
        Option B-Subsurface Water Drainage System

Other types and combinations of repair methods may apply and are contained within the standard.

Note: The currently accepted residential foundation evaluation protocol was published in 2002 by the Texas Section of The American Society of Civil Engineers (ASCE). This protocol, titled “Guidelines for the Evaluation and Repair of Residential Foundations – Version 1” (The Guidelines), establishes a uniform criteria for evaluating the performance and repair requirements of residential foundation systems. The guideline initially seeks to determine a foundation’s structural strength and performance status. Should a foundation system have either a strength or performance failure, this evaluation method provides a set of rational criteria to prescribe an appropriate, yet distinct, repair for each type of failure.

Know Your Structural Failure. Performance or Strength?

Shallow bearing structural foundation systems function to safely separate habitable areas from the exterior environment and limit damage or distress to interior/exterior brittle building materials. By design, post tension slab on grade foundation systems are stiff enough to buffer potentially damaging soil and subgrade material movement, yet flexible enough to protect the supported structural elements from unsafe or excessive planar tilting. The structural integrity (strength) of a slab on grade foundation system is determined by its ability to bear allowable design loads, while slab on grade foundation performance (serviceability) measures how closely the foundation system achieves its intended purpose.

The currently accepted residential foundation evaluation protocol was published in 2002 by the Texas Section of The American Society of Civil Engineers (ASCE). This protocol, titled “Guidelines for the Evaluation and Repair of Residential Foundations – Version 1” (The Guidelines), establishes a uniform criteria for evaluating the performance and repair requirements of residential foundation systems. The guideline initially seeks to determine a foundation’s structural strength and performance status. Should a foundation system have either a strength or performance failure, this evaluation method provides a set of rational criteria to prescribe an appropriate, yet distinct, repair for each type of failure.

When engineering analysis shows the profile of a slab on grade foundation system has a post-construction deflection greater than 1”/360”, it has failed if it can be reasonably linked to more than one “symptom” of deflection present. Typical symptoms would be some type of non-load bearing brittle material fracture such as sheetrock or floor tile cracking. However, to qualify as a performance failure, the foundation may not deflect after construction in a tilting mode in excess of one percent from the original construction elevations. Additionally, no evidence of loss of section or partial collapse can be present, and the foundation system must support its design loads.

Section 5.3 of the ASCE guidelines defines residential foundation performance as “…the capability of the building to serve its intended purpose. Elements of concern are safety, function, durability, and habitability.” When collected data shows no safety or habitability variances and instead indicates the foundation has sustained a deflection greater than 1”/360” together with more than one associated distress symptom, it has a performance (serviceability) failure. These non-structural symptoms (brittle material cracking and separations) technically impair “the capability of the foundation (building) to serve its intended purpose.” As such, Section 7 of the ASCE Guidelines requires repairing this post tension slab on grade foundation system in accord with its section 7.3 “Non-Structural Remedial Measures” of the ASCE Guidelines.


TRCC Abolished? What Now? The Wild Wild West?

The Sunset Act, which is chapter 325 of the Government Code, requires that the legislature review each state agency periodically to determine whether the functions of that agency should continue. In the 2009 regular session of the Texas Legislature, the legislature allowed the provisions of Title 16 to expire under Property Code section 401.006 as of September 1, 2009. The result? The TRCC is abolished.

The statutory warranties and performance standards are still in effect and will apply to contracts for construction executed before, or titles for new homes transferred before September 1, 2009. If there is no contract for construction and no title transfer, then the statutory warranties and performance standards will apply to residential construction that commenced before September 1, 2009. Furthermore, new homes and residential construction projects to which Title 16 applies still must be registered with the commission.

Frequently Asked Questions:

  1. What happens if the Homeowner discovers a construction defect after September 1, 2009?

The TRCC no longer accepts new complaints or requests for inspection. A homeowner or a builder must hire their own Structural Engineer or Workmanship & Materials Inspector to address any alleged construction defects.

Contact your builder. If your builder does not respond satisfactorily, you may want to contact an attorney to discuss your legal options. You can also complain to the Attorney General’s Consumer Complaint Division, Federal Trade Commission, your local County or District Attorney or to your local Better Business Bureau.

  1. What happens to the statutory warranties and the commission-adopted performance standards after September 1, 2009?

Texas courts have not had a chance to review the legal effect of the Sunset Act on Title 16. The question about the continuation of these provisions is debatable. Although the commission believes that Title 16 expires on September 1, 2009, except to the degree that the commission maintains its powers (including its enforcement powers) to complete all preexisting business; it could be argued that the statutory warranties and the commission-adopted performance standards continue until August 31, 2010.

  1. Will a court recognize the statutory warranties and commission-adopted performance standards, even if the commission no longer exists?

For contracts executed before September 1, 2009, or work commenced before that date, courts will consider the law in effect at that time. So, if Title 16 was still in effect when the parties signed a contract for new home construction or transferred title on new home construction, the statutory warranties created by Title 16 and the commission–adopted performance standards still apply.

Furthermore, if the parties agree in their contract to the terms of the applicable warranties and performance standards, a court will rely on the terms of the contract to determine if those warranties and performance standards apply, including if the parties have agreed to apply the statutory warranties and commission-adopted performance standards.