Escondido, CA asked in Construction Law for California

Q: What type of lawyer for defective retaining wall design/construction?

Retaining walls that were to be designed within city requirements to not need a permit. Walls were built, and measurements now show it needed a permit. Also, wall is leaning away from dirt it is retaining, and, after first rain-season, multiple sinkholes have developed on the tiers the walls are suppose to be supporting.

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2 Lawyer Answers
George W. Wolff Esq.
George W. Wolff Esq.
PREMIUM
Answered
  • Construction Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: You should have an attorney who is experienced in construction law or construction Defect law.

Retaining walls over 3 feet tall also need to be designed by a licensed engineer!

Let us know if we can help.

George Wolff

www.wolfflaw.com

1 user found this answer helpful

James Alan Greer
James Alan Greer
Answered
  • Construction Law Lawyer
  • Boulder, CO
  • Licensed in California

A: Retaining Wall Owner: My analysis on your behalf would start with: (1) the written contract (scope of work, is there a dispute mechanism clause, attorneys fees for having to pursue a dispute), and then (2) the wherewithal of the contractor whom performed the work (do they have insurance, are they still viable, would they accept a legal demand letter and remove and replace the wall correctly this time). With this analysis in hand we would be capable of putting together a strategy gong forward. Certainly you can't leave the wall "as is" for reasons of health/safety and future disclosure, among others. JIM GREER is an attorney licensed to practice in CA and CO and has specialized in construction and real estate matters for the past 33 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. jamesgreer@CalCoLaw.com, 303.818.8422.

1 user found this answer helpful

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