Legal Question in Construction Law in California

Drain and Flood in the Back Yard

We bought a new House in Los Alamitos in the residence area of 16 units. Each houses has a Back Yard just next to the house and all the Back Yard are built with a drain.Specialy in ours we do not have one.We are worried about inundation.Specialy when you have LGS report with this mention: situated in a Dam or Reservoir inundation area.

The contractor does not want to do any thing and says the engineering define the project this way.I am not agree with this answer,because I SHOULD built a terrasse and do concrate on this zone.I am very impatient to read you answer about law on this subject.

Best regards annd thanks a lot for your services.--name removed--


Asked on 5/21/04, 2:26 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Drain and Flood in the Back Yard

I had some difficulty understanding your question. You may wish to re-write the question, but I am assuming that you believe that a drain was supposed to be put in your back yard as part of the plans and specifications for the house, but the contractor is saying that there was no provision in the plans for such a drain. It should be simple enough to look at the plans and see whether a drain is called for at this location. If, however, the plans and specifications do not call for a drain, and you have not yet suffered any damages, then you likely do not have a legal cause of action. If the place then floods and the flooding could have been alleviated by a drain, then you will have a cause of action for negligence. Your exact situation will have to be evaluated by an attorney.

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Answered on 5/21/04, 4:54 pm


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