Legal Question in Construction Law in California

New house fence is damaged because of french drain put in to help flooding.

The construction company put in a french drain after everyone moved into a town house community because of big complaints of standing water in the back yards. Within the first year, the boards have started warping popping out because of the rocks pushing up agains the fence. We have sent in documentation to have it repaired, but the contruction company says that it is now the Homeowners Association responsibility.

We feel like the construction company is trying to not take responsibilty for not putting in the french drain in properly to begin with. Is there anything we can do?

Asked on 10/31/02, 7:36 pm

1 Answer from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: New house fence is damaged because of french drain put in to help flooding.

It sounds as if they breached an implied or express warranty. You can sue them. You want an attorney who has represented plaintiffs in a construction defect case. I can refer you to an attorney in your area if you prefer.

Good luck, Ben

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Answered on 10/31/02, 9:17 pm


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