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I just built a home. All along the builder told me he was…

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I just built a home...
I just built a home. All along the builder told me he was going to clear out the 6 inch deep 2000 sq ft swamp that is my back yard. In the end he didn't, in fact he blocked the drainage plan for my back yard causing it to stay flooded. Same thing happened to at least 2 of my neighbors, one of them paid out of pocket to have it fixed costing them more than $2500. I have nothing on paper showing he would clear it, only a plot plan... but I have neighbors who had the same lies told to them as well. What should I do?
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/27/2010
Lawyer: JB Umphrey, Attorney replied 8 years ago
JB Umphrey
JB Umphrey, Attorney
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Why didn't he clear the swamp?
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Customer reply replied 8 years ago
He (the contractor) continued to tell me he would fix it but fails to return phone calls. I've been here for 2 months now. I talked to the manager of the building company and he refused to fix it. Told me "thats not the sort of thing we do... the contractor shouldnt have told you we would". (same exact story that happened to my neighbors when they moved in as well)

Lawyer: JB Umphrey, Attorney replied 8 years ago
Do you happen to know if the "swamp" is a protected wetlands area and if the county zoning agency would tell you that the swamp could not cleared no matter what?
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Customer reply replied 8 years ago
Its not a real swamp, although it looks like one. Its in the middle of a subdivision and naturally flowed down and toward the road infront of my house... when they built my house it altered the natural drainage and now its standing water. They didnt make the drainage plans right, so instead everything drains INTO my back yard.

Its 40-45 feet long and about 50-55 ft wide of 6 inch deep water and muck (on my property). It actually goes about 100 feet wide or so into my neighbors backyard as well.
Lawyer: JB Umphrey, Attorney replied 8 years ago
From the collective facts you've described, I have two concerns for you:

First, as you indicated in the beginning, you have nothing in writing with the builder which requires him to do that. Accordingly, you have no basis to sue him for breach of contract because there's no written contract on it. There's no legal leverage to force it.

Secondly, a "wetland" is a legal term of art. You should follow through on your plan to contact the county zoning administrator to make sure it's not a wetland area. If that portion is zoned wetland, that really handcuffs you into your options.

Now, if your claim is that the drainage plans were not made correctly, then you want to consider taking legal action against the person who drew up the drainage plans. The builder can't be faulted for following the drainage plans that were drawn up by someone else.

You may want to contact a local attorney who specializes in real estate /building matters to review your materials and pursue any possible negligence claims against the person who drew up defective plans.

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!
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