Q: How long after installation of inground pool can a company be held liable for damages?
My dad had a pool installed in 1995. Since his passing I now live in the home. For several yrs my dad struggled with a water issue in the basement when the rain was heavy and it has continued since I have been here. I decided to take a look at the routing of the gutter downfall that is on the side of the house where water comes into the basement. After removing deck boards and digging up the black drain pipe that was buried I have come to find the gutter was not draining at all. Initially the pipe drained out where the pool is located. When the company installed the pool they buried the drain pipe right up to the sidewall of the pool and under the concrete pad that surrounds the pool I noticed the concrete had begun to crack just on one side, the pool filter platform had begun to sink and the pool looked lower on one side, that being the side the gutter drain was positioned to, as well as the side the basement wall leaks. I feel this is their fault. Can I make them pay?
A: Generally, in Virginia there is no waiting period for making a claim for faulty workmanship in a construction project like an in ground pool, unless your contract states otherwise and you must give the contractor an opportunity to fix the damages.
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