Problems with new home next door (Deltona, Charlotte Park: lawyer, new house, construction) - Punta Gorda - Port Charlotte - Florida (FL) -Charlotte County - City-Data Forum

Samsfriend · 10-06-2014, 08:23 AM

We are not here as snowbirds yet. A new home was built next door and we have been having issues with the builder ever since. They have sloped their grade at least 3' into our property! There are no gutters on the house, so all runoff from one side goes directly to our leach field. We have spoken to the owner of the building company, the spouse and son. Promises: we will put a swale in between the homes, we will resurvey after the build, it is only the "rough grade", we will photograph all the work and email it to you....blah, blah, blah.
Reality? The grade stayed, no swale and we found the original pins... They have gone over the line a lot and not one picture! Because they have done nothing promised! I figure they knew we wouldn't know till we came back... Well, we're Baaack! LOL Obviously a lawyer will have to be involved at some point. But we don't want to start off on the wrong foot with a new neighbor when the issue started with the builder! Any ideas out there...or recommendations for a good attorney? BTW, the neighbors haven't moved in yet.

MartyGras · 10-06-2014, 08:33 AM

I would take detailed pictures and visit the building department to see what they have to say.

Gary

Harbor Hopper · 10-06-2014, 09:25 AM

Definitely start at the county level. They should never be approving the inspections if all runoff is going to your yard.

mr&mrssunshine · 10-06-2014, 11:41 AM

definitely what HH and MG say.....you can check the county website to see if it has all been signed off

Big House · 10-11-2014, 10:23 AM

You should find existing topography site plans, and have a civil engineer look at it. (if you don't understand drainage flow, rate, rain fall, and other factors that effect storm drain run off). They are not allowed to change the drainage patterns that occurred prior to their construction on to your property, especially if it is directed toward your improvements. Obviously they will be increasing the amount of impervious area on their property (which will cause some added run off) that is allowed, but the drainage patterns are not allowed to be altered so that it causes damage or undue significant distress to your property as you describe. Not only is the builder liable, but so is the owner, and the civil engineer that prepared the plans, that had to be submitted to the county, and you can get under the freedom of information act if you request them from the counties permit office. If they failed to construct the work in strict conformance to the design, then those that failed to do so must rectify that, and are responsible for your damages. If this is not corrected, then you should contact a good attorney. Feel free to use this post as a guide in preparing a response to the owner and contractor that did the work. They are subject to significant penalties and fines for erosion and drainage violations, which may include loss of the contractor's license, and stop work, and occupancy can be halted on the project if not corrected immediately.

Good Luck!!

PortCharlotteNewbie · 10-11-2014, 10:48 AM

who is the builder?

Nypafl4u · 10-11-2014, 02:08 PM

I would think the current owner of the house is initially liable. The owner can then take it up with the builder. Dealing with the builder directly at this point will likely do nothing as they just want to get the job done and get out. The owner on the other hand is ultimately responsible for any violations to your property. Use Big House's recommendations as well. Get a good lawyer and you should succeed.

SJNE17 · 10-13-2014, 08:34 AM

are you in pgi by any chance?

wife and i are looking at a home that's being built and wouldn't it be ironic if it was you next door.

we want to be a good neighbor and all.

pm me if you'd prefer to take this offline..

Samsfriend · 10-14-2014, 11:47 AM

SJNE17... no, we aren't in PGI. We are Charlotte Park off Deltona. We love ALL our neighbors. Every one on the street has come over to introduce themselves. Haven't met the people who own the new house...we wanted our first meeting to be nice, like our other neighbors' were!

MartyGras · 10-14-2014, 12:19 PM

Quote:

Originally Posted by Samsfriend

SJNE17... no, we aren't in PGI. We are Charlotte Park off Deltona. We love ALL our neighbors. Every one on the street has come over to introduce themselves. Haven't met the people who own the new house...we wanted our first meeting to be nice, like our other neighbors' were!

Did you ever contact the County?