Can I sue the city or builder regarding a settling pond that was never built?
Question Details: My home was built 12 years ago and I purchased it 7 years ago. My entire house has flooded twice and the garage 4 times due to storm drain issues. The house is not near any lakes, rivers, etc. Per a civil engineer who I consulted, the original plans for the neighborhood, included a settling pond that was never built. Also, the builder graded my lot a foot lower than the original plan. As a result, I get flooded, with the severity depending on if we are home to put out sandbags or not. I was told by a real estate that no one would buy my house and most likely an agent wouldn't even list it. He suggested that I get another house and let this one foreclose. Should I walk away? Can I seek compensation from the builder or the city?
1) The city is not liable for not having built the settling pond since, regardless of whether building it would be a good idea or not, the city was under no legal obligation to build the pond. Without a legal obligation, there is no liability.
2) At 12 years since building, it is too late to take legal action against the builder for any negligent construction or design (regarding the grading): in your state, the "statute of repose" which defines the latest you can possibly sue for a "construction defect" is only 8 years.