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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118688
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Purchased a home (side of duplex) 2 yrs ago. Have had 4

Customer Question

Purchased a home (side of duplex) 2 yrs ago. Have had 4 floods (water in window wells and into finished basement) - builder (small custom builder) helped with remediation / installing French drain to help mitigate problem on the first flood. He refused
to help on floods 2-3, we incurred costs ~$500. Recently we had huge flood, he agreed to finally install proper exterior drains and sump in window wells. The work has been Very slow and he won’t answer my calls about helping with basement. The basement carpeting
had to be removed by remediation company. Now basement is a mess and has no carpeting. Left him 4 messages, 2 emails—no reply. What is my best course of action? Thinking of getting 3 quotes to do carpeting, choosing the middle quote, having the work done and
sending the builder the bill. If he does not reimburse, taking him to small claims court to get the $$. Estimate for carpet job is ~900.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If this problem and associated damages are caused by the builder's negligent construction and they will not make the necessary repairs, you can sue for the breach of contract for the construction defects and get a judgment against him to repair the damages. If you get your estimates of cost of making proper repairs, that would give you proof of what your damages would be and then you provide proof that he has not been reasonable in making repairs in a timely fashion, so you have given him a chance to cure, and you can get the court to order him to pay you for whatever you pay to make the proper repairs.