Legal Question in Legal Ethics in Missouri

When a city employee gave the wrong elevation levels to the contractor, and shortly prior to completion of the house, heavy rains fell with flood waters backing up to the basement door, what recourse does the contractor have? After looking into it, it was discovered the wrong elevation map was used. The house should have been built 5 feet higher. This is a finished walk out basement house. Private engineers have informed the contractor there should have never been a house built on that lot because it is in a flood plane. Are there any legal action rights for the contractor to take? Can you recommend a lawyer for this kind of case?


Asked on 9/17/14, 9:14 am

1 Answer from Attorneys

Anthony Smith LawSmith

Obviously the contractor. In your scenario is likely liable to the homeowner, as they had an independent duty to build at the correct grade. They could bring in the city official as a third party or subrogation defendant. In a suit between just the homebuilder and the city, the analysis is more difficult. The engineer's report, from before the permit was issued, will be very important. If they built just upon the city employee's statement of elevation, the homebuilder may have nobody to blame but themself.. If thus response to your very brief description of the facts, doesn't resolve your question, you should consult directly with a civil practice attorney in t your area. There aren't enough facts to give anyone a definite answer about possible liabilities. If the land around the house can be regraded to minimize flooding, someone may have a duty to minimize future damage.

Good luck

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Answered on 9/27/14, 5:33 am


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