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Ground Water Flooding From Lack of Pipes

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jonkam

Junior Member
What is the name of your state?What is the name of your state? Colorado

We bought our newly constructed home 4 years ago. This July we had a major flood in our basement. Water came in EVERYWHERE. The construction company initially said our 1 year warranty was expired; however, they installed a sump pump, tore up our front yard, driveway, and replaced rugs, paint, etc. in the basement. In the excavating event, the workers found no perimeter drain had ever been installed where ground water could filter into the city lines. A new "T" was put underground and the water subsided in our basement.

We had paid $4200 in emergency water excavation expenses and for rental equipment before they acted on "goodwill." Now the construction company said they don't owe us $4200 because they made repairs as a good faith gesture.

Is this negligence (since it was signed off not even being present), or is this a breach of contract? My husband did much of the work to stop our entire home from being condemed from mold/mildew -- which would have happened if we didn't rent the equipment for over two weeks before the home builder stepped in as a good samaritan. We just want our money back now and they don't want to pay up. Please advise.
 


HomeGuru

Senior Member
jonkam said:
What is the name of your state?What is the name of your state? Colorado

We bought our newly constructed home 4 years ago. This July we had a major flood in our basement. Water came in EVERYWHERE. The construction company initially said our 1 year warranty was expired; however, they installed a sump pump, tore up our front yard, driveway, and replaced rugs, paint, etc. in the basement. In the excavating event, the workers found no perimeter drain had ever been installed where ground water could filter into the city lines. A new "T" was put underground and the water subsided in our basement.

We had paid $4200 in emergency water excavation expenses and for rental equipment before they acted on "goodwill." Now the construction company said they don't owe us $4200 because they made repairs as a good faith gesture.

Is this negligence (since it was signed off not even being present), or is this a breach of contract? My husband did much of the work to stop our entire home from being condemed from mold/mildew -- which would have happened if we didn't rent the equipment for over two weeks before the home builder stepped in as a good samaritan. We just want our money back now and they don't want to pay up. Please advise.
**A: consult with a construction defect litigation attorney.
 

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