Aurora, CO asked in Construction Law for Colorado

Q: Can we sue a builder who refuses to fix a water drainage issue in our yard but fixed the same issue for our neighbors?

We moved into a new build home last September and immediately ran into drainage issues in our backyard. When we asked about the issue with standing water, we were told the grade had been certified and they wont do anything for us. We later found out that our neighbors had the same issue and the builder acknowledged it was an issue and installed a French drain to fix it. We had a third party inspection and they noted that the drainage was an issue. We then brought this up with the builder again and got the same answer as before.

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2 Lawyer Answers
Jennifer L Roskamp
Jennifer L Roskamp
  • Construction Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Hi there,

I have come across this issue multiple times with new builds and in most of the situations the homeowners have received the same response from the company. I would need to know a bit more information about where you property is located and who the builder is, but if the drainage is already an issues its not going to get better with out a french drain or other type of remedy to change the grade. This can cause serious issues to your yard and foundation if it is not fixed correctly. If you need assistance feel free to call our office to discuss further (720) 500-7855

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Parker, CO
  • Licensed in Colorado

A: Unfortunately, you may keep receiving cookie-cutter answers until you hire an attorney to help you address the issue.

It is impossible to tell if the construction company's answer is correct at this point without more information.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.

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