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Was this an unusual amount of rain for the area?
Is it your contention that the builder was somehow negligent in maintaining his soil on his property so it didn't slide onto yours?
Did the soil from the builder's lot slide into your pool?
Is your homeowner's insurance covering any loss or costs of clean up and repair?
Ok, whether you would have a claim against them would depend on whether 1. they were doing their building in a normal fashion and this was an unusually high amount of rain, which makes this an "Act of God", or 2. whether they were negligent in some way in maintaining their landscape, this wasn't a high amount of rain, and you can prove that their actions caused your damages.
To be honest, if this was that much rain in a very short time, and you can't show that the builder was acting unreasonably with his landscape, if this got to a court, a judge/jury would likely find that this was an Act of God so both parties would bear their own damage costs..
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
If he didn't properly grade his land, and you can prove it, then that makes a big difference.. If he basically set up the scenario to where a large rainfall could cause your damages, the a judge may look at this as him being "contributorily negligent" and assign some percentage of blame to him.
The problem that jumps up at me is you said that you didn't see his soil/mud enter your property/pool. . I was imaging a pool that had an inch of mud at the bottom so it is easy to determine the cause. But if you didn't remove a large amount of soil from the pool filter, then we are back at the point where you would have to convince a judge by your testimony and that of your professionals that something from the neighbor's land entered your pool to cause the water to turn green and cause the damages. If it was just water that ran from the neighbor over and picked up chemicals and contaminants and ran into your pool then it comes back to being closer to an Act of God due to the extreme rainfall.
The bot***** *****ne is that you could have an attorney send a demand letter threatening to sue if they didn't pay your damages, and then actually sue in small claims court if they refused, but I think it would be a coin flip how the decision went.
But merely by filing suit, you would force the builder to hire an attorney for several thousand to defend, so he might just settle rather than have to go through that if you sent him a demand letter from a local attorney..