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Txarkie

Drainage/flooding Issues - New Home

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My wife & I purchased a new home in Dec 2010 from the builder. There has not been but three siginificant rainfalls in the past 2 years, the last rainfall was very heavy dumping several inches of rain within a couple of hours. The runoff of rain water flooded our yard and water rose up to the back door and above the weep holes in the brick by two inches. The builder only claims partial liability for this occurence and states that he built the home according to local codes and had city inspector approvals on the foundation. The foundartion is well below the city code and the grade from the foundation doe snot meet minimum requirements. The cost to correct the drainage is $8,000. Does not include any loss of value of property resulting from this huge swale from front to back of property beside the house. The builder has amitted his error in not surveying the site and correcting the foundation site prior to building the home. I believe he is completely liable for the drainage solution - do I have any recourse in court, i.e., small claims?

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Your claim is difficult to address without having the detailed facts. To learn more about this subject matter, you may wish to visit the Real Estate Law Center: Construction Defects and read Legal Liability for Construction Defect as a good resource. I also suggest you consult with a local Lawyer to advise you further in detail about your options and how to proceed with your claim. Many lawyers do offer a free consultation.

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You certainly do have recourse in court for defective construction. The fact that there were inspection sign-offs on this home is no defense for the developer.

You are well within the statute of limitations at this point. There are certain procedural steps that would need to be taken in order to pursue your claim in court. It would be best to discuss this with a construction defect lawyer.

I would also suspect that if this is a development, there may be similar defects in other homes. Are you aware of any of your neighbors having experienced flooding problems?

If you decide to pursue litigation, it would be very cost-effective to have other injured home owners involved as well, so as to spread out the cost of litigation.

Edited by FindLaw_AHK
As per the Community Guidelines, links to personal web pages or blogs may be included in the signature line. Other personal or identifying information in this post has been removed. -Moderator

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