Aug 16, 2021 · Yes, it is essential to have the assistance of a property lawyer if your water service is stopped. The termination of water service can have a devastating effect on you as well as your family. Your lawyer can review your situation, help you avoid a termination of service, or assist you in getting your service reinstated.
Of course, determining when a problem started can get complicated. For example, a blockage in your sewer line could be a new problem, or it could be a recurrence of a long-time issue with roots growing into the pipes. You might need a professional's analysis. But if the problem could have started before you bought the house, keep reading.
Jan 10, 2012 · You need to find a litigation attorney that has experience with suing governments, because if the government will almost certainly raise governmental immunity as a defense, even through they have probably waived that immunity by purchasing insurance.
Sep 18, 2013 · If they won't respond to your efforts then you could file against them in small claims court or hire a lawyer to help you depending on the extent of the damage. If they don't fix it, find someone who will fix it and who is willing to testify about the damage in court with you. These cases are not always as easy to win as you may think.
Where to Sue Over Home Defects. Your main options for actually filing a lawsuit include: small claims court, if the damages are under a certain limit, or. state court . Filing in small claims court allows you to proceed with your case without a lot of the expensive administrative hassles of a "regular" lawsuit.
In legalese, you could potentially sue someone based on any of the following principles, or some combination of them: failure to disclose (according to your state's statute) negligence. fraud. breach of contract. breach of warranty, or. negligent misrepresentation.
In theory, the inspector should have spotted problems that the seller wasn't aware of, or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.
You probably knew when you bought the house that it wasn't in perfect condition. Some problems, such as a crack in the front walk, might have been obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In most states, laws require home sellers to disclose all "material" defects to prospective buyers.)
Some attorneys will take this type of case on a contingency basis, meaning you don't pay a fee upfront but pay a large percentage (30-40%) of the damage award. You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage.
The seller couldn't have hidden problems that didn't exist during the period of ownership. Again, problems that started post-purchase or that are a natural result of the home's aging or your lapses in maintenance are yours to deal with. Of course, determining when a problem started can get complicated.
The company owes a duty to perform the work in a workmanlike manner. I agree with Mr. Preslin that this is a negligence claim. The problem for you may be proving that they did not when a year has passed.
Depending on additional facts, this sounds like it may be a claim that sounds in negligence. The plumbing company had a duty to repair your sing within a reasonable standard of care. If the sink was not properly repaired (as opposed to a subsequent or separate issue causing the leak) then the plumbing company breached its duty.
The culprit behind the damage: cast iron pipe plumbing systems that are prematurely failing due to corrosion. Worse yet, insurance companies make it difficult for homeowners struggling with bad cast iron pipes to get the compensation they need to replace the pipes and repair the damage done to their property.
Although cast iron pipes are supposed to have a lifespan of 50-75 years, and should still be functional today, they are breaking down and failing all across the country at a rapid pace due to premature corrosion.
In small claims courts, you represent yourself and pay just a few dollars to bring a case. The rules depend on your local jurisdiction, but typically a judge hears from both parties, asks questions, and then resolves the issues.
Your contractor could challenge the firing in court as a bre ach of contract: You must show that he breached the contractor agreement first. Document each time the contractor doesn’t live up to the specifics of the contract, such as substituting inferior materials or failing to stick to the schedule.
Unlike Better Business Bureau hearings, the contractor can’t opt out of a lawsuit.
The catch: A contractor could sue you for libel over a bad review. State laws vary, but truth is a strong defense, says Atlanta attorney Alan Begner, a board member of the First Amendment Lawyers Association. Still, a big contractor with deep pockets could force you to spend tens of thousands in your own defense.
The interior of the pipe shrinks, causing stress on the exterior and creating small leaks that get weaker over time. In the 1990s lawsuits ended the use of PB pipes.
If damage has been caused by leaking pipes, stop all work and make sure all materials are saved and not discarded. Call your homeowner’s insurance company to file a claim for any damage.
One of the reasons that polybutylene pipes were so popular and in high demand was because of its longevity. It was a cheaper alternative to copper, which was popular in the 1970s and 1980s. Properly installed, it was meant to last as long as copper.
The average cost to replace polybutylene with PEX or PVC plastic can cost up to $10,000. If copper piping is used, then the cost could be higher, as much as $15,000 or more. Copper plumbing. Contractors will also have to cut holes in the walls of the home to access the piping and switch it out.
What are Polybutylene Pipes? Polybutylene, or PB-1, is a type of plastic resin that was used extensively in the late 1970s to mid 1990s to make water supply pipes. You may also hear or read polybutylene called “PB” or by the brand name “Quest” or “Qest.”.
It was highly marketed as a low cost, easy to use option for plumbing systems in new home construction from 1978 to 1995. Polybutylene pipes were mainly used in the following regions: Polybutylene pipes are flexible and able to maneuver in and around new build construction, so they were easy to integrate for plumbers.
In the 1990s lawsuits ended the use of PB pipes. This became so common, a class-action lawsuit was filed in the 1990s, ultimately halting the use of polybutylene pipes. Myths about Polybutylene. Replacing Polybutylene Pipes.
1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .
If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.
Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.
A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.
You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.
From a purely practical point of view, you may receive more money that way than you would by suing, because you will have to pay attorneys' fees and other costs in connection with a lawsuit. 4.
Each state's court system has some variation of " small claims court " or "conciliation" court, which only hears disputes in which a certain dollar amount is at issue (usually $5,000 or less).