QUESTION
Can I get a lawyer to sue for building defects that are causing flooding issues and cracks in the foundation?
Asked on Dec 06th, 2012 on Construction Law - Virginia
More details to this question:
Khovnanian built my house in 2008 18 inches under the water table and this has caused flooding issues and cracks in the foundation. They fixed my basement for the first flooding and tried to fix the problem. A group of engineers suggested main solutions and they didn't do all of them, so their fixings didn't work, last big rainfall 6 houses flooded with 18 inches of water including mine. Most of us want to sue the builder, can you help us? What would the cost be? our basements are unfixed and we can't even fix them...
1 ANSWER
Virginia by statute provides a 5 year warranty on the foundation of a new home, Code Section 55-70.1, counting from the earlier of the date of first occupancy or the date of closing. What you describe sure sounds like a foundation issue. I'd suggest contacting the County Department of Building Inspection if you haven't already as in most areas of Virginia, they are fairly active in policing builders to build everything according to Code. Construction litigation can be very expensive, and sometimes the purchase contracts limit some remedies so a close review of the purchase agreement is in order. You may be able to find someone willing to litigate the matter through the State Bar's Lawyer Referral Service, but be aware that construction litigation can be time-consuming, tedious, and expensive, and many attorneys don't like to go down this path.
Answered on Dec 10th, 2012 at 8:32 AM