Good afternoon Matt. My name is ***** ***** I look forward to helping.
The problems with regard to your new home are not the result of your soil and irrigation; rather, they're related to construction issues....specifically, likely due to a defective foundation. And, your builder is liable for this. What you want to do is raise the stakes on your builder. First, get an estimate from another contractor to evaluate the problem (because your builder is going to be biased toward a half-way fix) and for the cost to fully remediate the problem. Then, send your builder a certified, return receipt requested letter detailing the situation and demand the builder either fully fix the problem at their own cost or pay you what it will cost you to have the other contractor finish the job properly. Inform the builder that they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the judgments being on the record.
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