Do I have recourse for septic work that was completed 6 years ago but improperly installed?

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Do I have recourse for septic work that was completed 6 years ago but improperly installed?

I have had the problem repaired by someone else and now have a bill for $1100 to pay before I close on my house in about 10 days. I have written and called the original installer, however I have received no response. I feel that he should pay since he did not install the septic tank properly.

Asked on October 19, 2016 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, the relevant statute of limitations, or time period within which you *must* start or file a lawsuit for this in your state, would be only 3 years, since this claim would have to be brought under "breach of contract," or that the person/business who installed the system did not do so professionally or up to acceptable commercial standards, and so effectively violating their contract. If the work was done 6 years ago, it appears that too much time has passed and you may not sue for compensation, which means that if he does not voluntarily pay, you have no way to make him pay.


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