Q: My lot has a seawall that is failing, after researching I found a Detail drawing on community ARB.
Community developer did not build seawall to engineering detail and is failing. Is it not his responsibility to repair/replace?
A:
There are a couple of questions to ask.
When did you buy and are you the original owner (after the developer)? If no, then you have no "privity" with the developer and no standing to sue. If you bought it more than 4 years ago, then the statute of limitations has past and you have no standing to sue. (I note here that the investigation you did now on the plans could have been done then).
There are some exceptions regarding these timelines. You should meet with a construction law (more specifically construction defect) attorney to see if you can bring a suit. Then you also want to see if there is anyone viable to sue. A lot of these developments are built by single asset entities that shield the people behind the company from this type of liability.
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