Q: Can a pool company bill held liable for improper installation of drains around home and pool 25yrs later?
My home was initially my dad's. He had the pool installed in 1995. Sometime later he began to have issues of water coming thru one wall in the basement only when it was a heavy rain. Dad passed and I remained in the family home. I begun to search for the answer to the water issue and determined the gutter downfall had been placed to drain right up to the concrete platform that surrounds the pool. Clearing up several questions of why the concrete platform had begun to crack on one side, why the pool filter platform had sunk on the same side and why the pool seemed to be sinking just on that one side. The foundation is completely washed out and a huge part of ground has been washed away. This is going to cost a lot of money. I feel the pool company simply buried the pipe with no concern of what that water run off would cause. This can not be VA state code when installing drainage around a dwelling, is it? Do I have a leg to stand on?
A: Unless the contract extended the statute of limitations period, in Virginia there is a 5 year statute of limitations based on a written contract.
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