Septic Repair Problems

[jeffnlkpt2]

What is the name of your state? New York

I hope someone can give me some advice because I am at my wit's end.
I bought a house in 6/06 and had money set aside in escrow for possible septic issues. The system was tested in 9/06 and failed. The Department of Health sent out a notice that I needed to replace the system.

The seller contracted someone (his friend) to install it after giving me alot of runaround. I saw the contractor one time when he came out to inspect the property. I advised him that I do not want the system installed in the side property since I own a double lot, was planning on selling it in the future (which I also advised my lawyer of).

Didn't hear anything until one day in the beginning of June he shows up and starts digging. I saw the hole later that afternoon but really didn't pay much attention since I just returned from the doctor for being sick. My father came over a little later and said it was in the wrong spot, we questioned the contractor and he said it's where the DOH said to put it even though the diagram shows it located behind the house not in the side lot. I made him stop working til this could be corrected.

Now two months later, I am still sitting with a large whole in the yard, no septic system and both the seller and the contractor are refusing to move it.

The excuses are:
1. The DOH said to put it here (have proof not so)
2. I said to put it there (again not true), contractor states that his employee will testify that I did say it.
3. The seller says its not his problem and won't pay to move it.
4. The contactor says it not his problem and won't pay to move it
5. There is not enough in escrow to cover the additional costs of moving to correct location.

The lawyer who handle the sale said he can't do anything.

So right now I am at a loss of what to do. I have a large hole in the yard, no septic system, cannot use my yard, loss of value of lot plus the time and aggravation of dealing with this. A friend said to sue the contractor and the seller but if I do what can I sue them for and will this get the work done?What is the name of your state?

 

[mrdonsmith]

First and foremost, you need to get a DOH inspector to your property to define the areas of your property where a septic tank or field can be located. Most jurisdictions are very specific about locations in relation to other septic areas, wells, and the percolation characteristics of the soil. You may find that where you wanted it was not an area that would have be approved; you may learn where the contractor dug is the only location that would have been OK. Either way, you need your DOH's blessing; without it it wouldn't be approved and you'd be worse off than you are now. A good contractor would know this, so you might be thinking about lining up someone else and let the first contractor fight you for his costs if he turns out to wrong. Can't help you on the question of money in escrow being inadequate for the task. Unless there was some contingency built into your contract about having the cost of a new system covered no matter how much, you are stuck with an estimate that may just not have been enough.