EPA and unauthorized use of land by builder

[hrw]

What is the name of your state? WV

I have two questions:

First, we moved into our house in July 2004. We just learned that our property, originally commercial and vacant for 7 years, may have been used as an "unofficial" dump site and that the EPA wants to do soil testing. Our EPA contact has also informed us that he instructed the builder early in the development process to conduct soil tests and file results with the EPA, which was never done. This issue was never mentioned to us by the builder in spite of the fact that we asked (via our realtor) about previous use of the land and if there had been any dumping. We plan to have the soil tests done. If there are negative findings, can we file against the builder for the cost of clean-up?

Second, our property is adjacent to the site of another construction by the same builder. For the past several months, they have been using our yard as a parking lot and storage spot for machinery, construction supplies, dumpsters, and a temporary toilet. During this time, we have asked repeatedly that they seed the land, as promised, and stop using it. I've tried to be patient as we are still in the warranty period, and we don't want to have any more problems than are necessary when we submit a list of repairs. After the builder's warranty expires, can I bill the builder for the use of my land?

Thank you.

 

[lwpat]

can we file against the builder for the cost of clean-up?

Pollution claims can be a quagmire. You need to immediately find an attorney that handles pollution claims and have him review all of your paperwork.

If you want to bill the contractor put him on written notice. It won't make any difference with your warranty. If you have a list of repairs and/or defects make him aware of them now. Don't wait until near the end of your warranty period.