In fact, adding nonsolid to the shader fixed the problem easily. Make a brush fully Nodraw and add your shader and it will works sweetly. Thank you guys for help
this is actuly not the reason problems are no longer occouring, ill just finish this off with a short sumary for any future searches for the problems like this
the reason that no brushes are now solid is that all sides of the brush have the surfaceparm nonsolid on them since every shader on the brush contains this surfaceparm. thefore when the map is compiled the compiler will allways hit a side of the brush that has the surfaceparm nonsolid so the brush is always made as a non solid object
problems were occouring prior to adding the surfaceparm nonsolid to the shader on one of the sides on the brush because in some occasions the compiler reached this as the first surface on the brush and asumed the brush to be solid since the first shader on the brush told it that the brush was solid and so assumed all the other sides of the brush to also be solid
becasue of this sometimes the brushes were solid and sometimes not since the compiler could reach a non solid face on a brush and a solid face on a differnt brush meaning that the brushes were allmost randomly chosen to be solid non solid (however since the .map is saved using an algorithm and also compiled to a .bsp using an alggorithm the same .map will likely compile the same brushes as solid nonsolid but AFAIK would be to hard to actuly predict what brushes would be solid/nonsolid and defaintly not worth the work compared to just taking more care when writing shaders)