We contracted with a local builder to build us a new home. The builder's subcontractor did not properly grade the back yard, which has resulted in pooling of water. This was determined by the City when they performed their "as-built survey
", however this was never communicated to me until I demanded to see all permit applications. I recently obtained an elevation map from that inspection, which clearly states there is insufficient slope, and the emergency overflow needs to be within the easement
on the lot line.
The builder acknowledges the grading is incorrect and has proposed that the yard be re-graded. However, he told me that I will be responsible for the cost of re-sodding and re-installing the sprinkler system. I believe these are consequential damages
resulting from curing the original breach of contract, and that the builder, and/or his subcontractor should be obligated for this cost. Please advise.
Additionally, the builder's proposed solution would move our low spot to 10 feet from the property line. This is technically within the 10 foot easement for utilities
, but it is much preferred to have the low spot right on the property line to maximize our usable space.
To summarize outstanding questions...
1) Should the builder, who has acknowledged the breach, and proposed a cure, be responsible for replacing the sod and sprinkler system, in addition to re-grading of the yard?
2) What rights does the homeowner
have regarding the property within the easement? Can we insist that the low spot be moved to be right on the property line, instead of 10 feet from the property line?
3) Can the City be liable for signing off on permits when their inspection found the work to be incomplete?
4) What is the dollar amount minimum / maximum for claims raised in small claims court in Minnesota?