Foundations
Foundation engineer versus repair company: who does what in a repair
On a well run foundation repair the engineer evaluates and specifies, the contractor builds, and the engineer confirms the result. Most problems start where those roles merge.
Published
A foundation engineer and a foundation repair company do different jobs on the same repair: the engineer evaluates the foundation, decides whether repair is warranted and specifies it, and the repair company builds what is specified. Texas law places evaluation and design in the practice of engineering, and the residential foundation guidelines published by the Texas Section of the American Society of Civil Engineers state that the evaluation and the repair design shall be performed by a professional engineer licensed in Texas.
The evaluation step, and what 254 Engineering describes for it, is on the foundation inspection page.
What foundation engineer means
Section 1001.003 of the Occupations Code includes consultation, investigation, evaluation, analysis and design in the practice of engineering, and section 1001.301 restricts that practice, and the title engineer, to license holders. Foundation engineer describes the work an engineer does; it is not a separate license.
What protects an owner is competence, and the board's rules address it directly. Rule 137.59 says engineers shall practice only in their areas of competence and shall not take an assignment they are not qualified by education or experience to perform.
Two kinds of engineer can be involved. A geotechnical engineer characterizes the soil, and the ASCE Texas guidelines say a major or comprehensive repair should rest on a site specific boring and testing program. The engineer who evaluates the foundation and designs the repair draws on that soil data.
The repair, stage by stage
1. Evaluation, by the engineer
The guidelines define three levels: a Level A report of first impressions, a Level B evaluation with measured floor elevations, and Level C with testing such as soil sampling, plumbing tests and post tensioning cable tests. Section 3.1 says the engineer should personally visit the site and be in responsible charge of the investigation.
2. Repair documents, by the engineer
Section 7.4.1 lists what remediation documents contain, including the site address, purpose and limitations, a plan view, construction details, specifications, requirements for construction observation or testing, and a required post repair floor elevation survey. Section 7.2 says the engineer who seals those documents is the engineer of record, with approval authority over changes.
3. Permit, by whoever the city names
Several Texas cities require engineering on the permit. The City of Houston asks, for a slab on grade foundation, for plans prepared by a Texas licensed engineer showing the location, quantity and type of supports. The City of Denton states that all foundation repairs require a permit and asks for a repair letter and plan signed and sealed by a Texas registered engineer. Requirements differ by city, so check the city where the house stands.
4. Construction, by the repair company
The contractor installs the supports, lifts where the documents call for it, and restores the site, observed or tested as the documents require. Section 7.4.3.1 sets the expectation: it is unlikely that elevation adjustments will result in a level foundation.
5. Plumbing, by a licensed plumber
Section 7.6 says water and sanitary lines should be tested for leaks where the repair includes jacking or lifting, and that leaks found should be repaired.
6. Verification, by the engineer
Section 7.7 says floor elevations should be measured by the engineer or the engineer's representative after the repair, with copies to the client. Section 7.8 says the engineer should provide a letter of substantial completion stating that the work generally conforms to the documents. Denton asks for a final engineered seal report before its building final.
That letter is the document a future buyer's agent will ask for. How the repair documents themselves work is set out on the repair specification page.
Where the roles merge
Problems start when the party that sells the repair also decides whether it is needed and how large it is. The ASCE Texas guidelines say at section 2.2 that it is essential to avoid conflicts of interest to maintain the credibility of the evaluation. TBPELS rule 137.57(d) requires an engineer whose own financial or business interests could affect their judgment to inform all parties in writing, and to accept the work only if the client confirms its knowledge of the conflict in writing.
A repair company that employs or retains an engineer is not breaking a rule by doing so. The owner is entitled to know the relationship, and an engineer engaged by the owner has none to disclose. What a free inspection from a repair company can and cannot do is covered in free foundation inspection versus an engineer.
The board itself has declined to write technical standards for repair methods. In a 2018 response to a request about pier design under slab on grade foundations, it said the Texas Engineering Practice Act does not set specific technical standards, and that it will investigate substantiated complaints against engineers practicing incompetently.
Questions for the engineer
- Who are you engaged by, and do you have any relationship with a repair contractor on this job?
- Which level of investigation will this be, and will floor elevations be measured?
- If repair is warranted, will you prepare sealed repair documents, and will you verify the repair afterwards?
- Will the post repair letter state that the work conforms to your documents?
Questions for the repair company
- Whose sealed documents will the work be built to, and may I see them before signing?
- Who pulls the permit, and what does this city require for it?
- Is a plumbing test part of the contract where lifting is involved?
- Who measures the floor after the work, and who issues the final letter?
- What does the warranty cover, who holds it, and does it transfer to a buyer? Get the answers in writing.
An owner who engages the engineer first controls the scope, the bids and the final letter. The foundation inspection page sets out what the evaluation covers, and the guide to choosing a structural engineer lists the public checks worth making on any engineer before engaging one.
Sources
Every claim above, and where to check it
Primary sources only. Where something could not be traced to one, the page says so rather than repeating it.
- Tex. Occ. Code § 1001.003, Practice of Engineering (opens in a new tab)
That consultation, investigation, evaluation, analysis and design are part of the practice of engineering.
- Tex. Occ. Code § 1001.301, License Required (opens in a new tab)
That the practice and the title engineer are restricted to license holders.
- 22 Tex. Admin. Code § 137.59, Engineers' Actions Shall Be Competent (opens in a new tab)
That engineers shall practice only in their areas of competence.
- 22 Tex. Admin. Code § 137.57, Engineers Shall Be Objective and Truthful (opens in a new tab)
The written disclosure and confirmation required where a potential conflict of interest exists.
- ASCE Texas Section, Guidelines for the Evaluation and Repair of Residential Foundations, Version 3 (2022) (opens in a new tab)
The licensed engineer requirement, the conflict of interest sentence, the levels of investigation, site specific borings, remediation documents, the engineer of record's approval authority, plumbing testing, repair expectations, post repair elevations and the letter of substantial completion.
- City of Houston, Houston Permitting Center, Foundation repair (opens in a new tab)
Houston's requirement for engineer prepared plans showing supports on a slab on grade repair.
- City of Denton, Foundation Repair (opens in a new tab)
Denton's permit requirement, sealed letter and plan, and final engineered seal report.
- TBPELS, response to a policy advisory request on residential foundation repair methods, January 23, 2018 (opens in a new tab)
That the board declined to set technical standards for repair methods and will investigate substantiated complaints.
- House Committee Report, bill analysis of C.S.H.B. 613, 83rd Legislature (2013) (opens in a new tab)
The 2013 committee record of the absence of state standards for foundation repair contractors and the proposed TDLR license.
Questions
Common questions
- Do I need an engineer for foundation repair in Texas?
- Several cities require engineering on the repair permit, Houston and Denton among them, and the ASCE Texas Section guidelines say the evaluation and repair design shall be performed by a Texas licensed engineer. Where neither applies, an engineer is still the only party who can give an opinion without an interest in the repair.
- Is a foundation engineer the same as a structural engineer?
- Foundation engineer describes the work rather than a separate license. The engineer who evaluates a foundation and designs its repair needs competence in that work under TBPELS rule 137.59, and a geotechnical engineer may supply the soil data for a major repair.
- Can the repair company's engineer be independent?
- The engineer must disclose a potential conflict of interest in writing and obtain the client's written confirmation under TBPELS rule 137.57. An engineer engaged directly by the owner, with no tie to any contractor, avoids the question.
- Who issues the final letter after a foundation repair?
- Under the ASCE Texas Section guidelines, the engineer whose documents the repair was built to should measure the floor afterwards and provide a letter of substantial completion.
More analysis
Related reading
- Cracks in a concrete slab foundation on Texas clay
- A crack in the foundation, and how to tell whether it matters
- Foundation inspection cost, and what each price actually buys
- Free foundation inspection versus an independent engineer
- The pre purchase home inspection in Texas, and where an engineer fits
- The structural engineer report, read the way an agent or a lender reads it
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