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Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I want to know if I can file a claim of negligence against

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I want to know if I can file a claim of negligence against the owner of a lodge as well as the lodge itself, who owns the water and sewer lines that come to my rental home. (It is an old mining town, not affiliated with the city, the lodge owners own all the lines). I pay this Owner quarterly for the upkeep of the water and sewer lines (as do about 25 other homeowners). For the past 8 weeks we have had either no water or boil only water. We are losing rental income monthly due to the inconsistency and lack of useable water.
The owner is doing practically nothing to remedy the situation, but running in circles.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

You could sue the owner of the lodge and/or the lodge itself based on negligence, as his negligence has cost you rental income by delivering no water or boil only water to your rental properties.

However, it would be easier to sue for breach of contract since you pay him quarterly in exchange for his services to provide upkeep of the water and sewer lines, which he is obviously failing to do.

Every contract has in place an implied covenant of good faith and fair dealing, which means that you are entitled to receive the services that you are paying for under the contract and the failure to provide them to you constitutes a breach.

Since he is not fulfilling his duty under the contract, you would be entitled to the amount that you have paid him, as well as the damages that have been caused by him failing to maintain proper upkeep (or consequential damages).
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