What is a homeowner’s recourse regarding an a sewer line that was not properly installed?

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What is a homeowner’s recourse regarding an a sewer line that was not properly installed?

Built house 11 years ago. Over the years have had dirty sewer backups (not city’s fault). Within last 2 months we have had 2 major dirty sewer backups and lost personal property. 2 plumbers who have put a camera down pipes both say it is a pitch problem under the basement floor. Plumber broke up about 3 feet of floor and verified the pitch is off. Can we go back to original plumber and sue for damages?

Asked on September 27, 2011 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are going to have to speak with an attorney in your area on this matter.  I am fearful that 11 years have passed and the statute of limitations for breach of contract or neglience  of some sort has long passed.  Sometimes a statute is "tolled" - suspended in time and extended - but only under certain circumstances.  Case law on these matters is generally written as when the cause of action arose and sometimes the party suing is imputed to have known or should have known that something was up long before the law suit was brought. This may be an issue for your insurance company to review as well.  Good luck.


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