Connecticut State Department of Consumer Protection

Deteriorating Concrete Foundations

 
 
The Department of Housing has appointed a Homeowner Advocate to support home owners in need of financial resources for testing and repair. Lena Holleran can be reached at lena.holleran@ct.gov, or at (860) 270-8090. 
 
Information about the Captive Insurance Company designed to support families who have crumbling foundation issues can be found at crumblingfoundations.org. 

The Department of Consumer Protection (DCP) no longer collects complaints regarding deteriorating foundations. Background on the investigation conducted by the Department in conjunction with the Office if the Attorney General, and additional resources for homeowners can be found below. 

BACKGROUND ON THE DEPARTMENT’S INVESTIGATION IN CONJUNCTION WITH THE OFFICE OF THE ATTORNEY GENERAL

In August of 2015, Governor Malloy called on the DCP and the Office of the Attorney General (OAG) to conduct an investigation into deteriorating foundations. The scope of the investigation was to determine whether or not there was a claim under the Connecticut Unfair Trade Practices Act (“CUTPA”). In July of 2016, the Office of the Attorney General issued this letter to Governor Malloy and DCP stating the low likelihood that a CUTPA claim would be possible.
Pursuant to Public Act 16-45, DCP submitted a final investigative report to the Connecticut General Assembly. A copy of that report can be found here .*
The investigation included, but was not limited to:
  • A scientific study where concrete expert from the University of Connecticut was retained to study core samples from affected homes;
  • Approximately 70 site visits to potentially affected homes;
  • Roughly 90 interviews with builders identified by consumer complaint forms;
  • 85 interviews with experts involved in residential construction and foundation installation;
  • Issuing 31 subpoenas to insurance companies under CUTPA; and,
  • Processing and reviewing hundreds of consumer complaints.
Some highlights of the investigation’s findings are:
  • The mineral pyrrhotite must be present to result in the foundation to deteriorate in the way observed.
  • The minimum amount of pyrrhotite needed to trigger deterioration is not yet known.
  • Becker’s Quarry, the main source of concrete aggregate for JJ Mottes, includes more than trace amounts of pyrrhotite, and is located on a vein of rock that contains significant amounts of pyrrhotite.
As DCP and OAG worked on the CUTPA investigation, Lieutenant Governor Wyman led a group of elected officials, and government officials from the Insurance Department, Department of Banking, Housing Department, and Department of Administrative Services who discussed potential remedies for homeowners. This group will continue to work to find public and private sector remedies based on the results of the investigation.


PRESS RELEASES


FOR HOMEOWNERS

Homeowners may verify the licenses or registrations of home improvement professionals such as home improvement contractors and professional engineers at  www.elicense.ct.gov . Throughout the investigation, DCP released brochures meant to be helpful to homeowners going through the process of identifying a problem with their foundation, and beginning repair:
DCP has issued multiple advisories to Home Inspectors to allow them to be as informed as possible in their work. You may find copies of the advisories here:
The Capitol Region Council of Governments (CROCG) has put together a qualified vendor list for those wishing to repair their home.


*Appendices to DCP’s investigative report on deteriorating foundations can be found below.

Appendix A 
Appendix B 
Appendix C 
Appendix D 
Appendix E