Lot grading is a 100% legitimate and very valid one year warranty issue and Mattamy is required to fix the problem NOW, not later. Poor lot grading is an Ontario Building Code violation and Tarion voilation.
Mattamy has no right to defer this issue and delay this important repair.
Mattamy in Milton has taken advantage of lax enforcement by municipal inspectors and frankly, has done a majorly crappy job of lot grading between the homes, especially when they dump stones between them.
You should know that Mattamy in Cambridge does a proper job of lot grading between the homes. The difference is very clear.
Tarion Article Number: 14.12
Condition: WATER PONDING IN SURFACE GRADING OF THE SITE.
Acceptable Performance/Condition:
The site shall be graded so that water does not accumulate at or near the building. Backfill against a foundation shall be graded to prevent drainage towards the building after settling. Where no grade is specified for a slope, a minimum gradient of 2% is considered acceptable; sodded or gravelled areas may have a minimum gradient of 1%.
Warranty:
One-Year – Work and Materials, One-Year – Ontario Building Code Violations • Subsidence of the land around the building or along utility lines, alterations by the homeowner such as landscaping or improper maintenance is excluded from the statutory warranty.
Action:
Site grading shall meet the acceptable condition by conforming to a municipally approved grading plan, or equivalent, where applicable. After the first year, the homeowner is responsible for maintaining the finished site grading to ensure ponding water does not adversely affect their premises.
Remarks: Ponding may occur because grading may not always be finished at occupancy. Generally, municipalities control the grading patterns of building sites and builders must comply with approved grading plans for the installation of swales and slopes. Disturbed soil will naturally consolidate and cannot practically be prevented from settling; i.e., settlement of walkways and driveways is not covered by warranty. However, sufficient soil must be placed around the building to ensure acceptable drainage is maintained during the first year after occupancy.