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York and Lancaster Counties Rock Hill - Fort Mill - York - Tega Cay - Lancaster

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Old 03-25-2008, 08:27 PM
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Location: SOUTH CAROLINA
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Default Problem with Builder

I have a dislosure issue with the builder who built my home in Fort Mill, South Carolina 10 months ago. We were not told at any time that the storm drainage run off lot was next to ours and also the drainage point was infront of our new home. I have had rpeated issue where water came into our home and dmaged our proerty outside of it. he builder and the developer cannot figure things out and have done make shift things to correct the problem. Every time it rains I have to be concerned about my home. Does anyone deal with tis specifically who is an attorney? has anyone else experienced something like this?

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Old 03-27-2008, 12:55 PM
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Quote:
Originally Posted by CABINET View Post
he builder and the developer cannot figure things out and have done make shift things to correct the problem.
They CAN figure out how to fix it, but they just don't want to spend the money to do so.

First try getting this fixed under warranty. If the builder has to spend a large amount of money to fix water damage every time it rains, they might decide it is worth it to fix it the right way. I have had good luck in going back to the builder each time a problem re-occurs. Enough service calls and they decide to actually fix the root cause.

If you can't make any headway to get the situation corrected under the warranty, then contact a lawyer. You will probably also need to hire an engineer or maybe licensed landscape architect (I don't mean the landscape contractor sorts, who may do great work, but rather an actual licensed architect). The engineer or architect can help you determine how this should be done, as well as document that the way it was done is wrong and will result in the sorts of problems you are facing.

That said, you may also want to consider how much the lawyer and lawsuit might cost, the attendant heartache and stress over a lawsuit, and balance that against the cost of a guy on a Bobcat ($400 - 500 a day) and a large number of truckloads of dirt ($130 - 150 a load) will cost and see if you can't get the problem fixed that route. Add some planting material and make it into a positive experience and get a nicer yard. (This is the fall-back position.)

But first try the warranty route, then try the lawyer route first and have them send a letter. Might cost a few hundred but might get action. Likewise the engineer or architect would give the lawyer more ammo too, and might be able to be accomplished for a few hundred. Worst case you can do the landscape project.

Our builder sucked too.

Good luck

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Old 03-27-2008, 07:24 PM
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I apprecaite the response. Who was your builer? What part of South Carolina?

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Old 03-28-2008, 10:45 PM
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I was told by a county building services supervisor that the builder is liable to fix a problem for up to 8 years if it is a defect and does not meet code. I would contact the state LLR as ask them about this situation.

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Old 03-29-2008, 05:56 AM
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Thnaks for the reply. What does LLR stand for?

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Old 03-29-2008, 06:06 AM
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I thought that under SC law that the builder is liable for 10 years? Just asking...

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Old 03-30-2008, 10:19 AM
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Originally Posted by marndt View Post
I thought that under SC law that the builder is liable for 10 years? Just asking...
I think at the time I was told that it was 10 and had been bumped down to 8 years.

The LLR is the department of Labor,Licensing and Regulation. Take a look at this link and the info to determine if the state can do anything. Also take a look at the residential construction standards they have there. South Carolina Department of Labor, Licensing and Regulation

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