Legal Question in Civil Litigation in California

Last January, a construction company hired by the City of Patterson broke a water main in the alley behind our property. Our swimming pool filled with muddy water for 1.5 hours. The city told us to deal with the const. co. directly. After months of dragging this on, they will not fix the cement that has now lifted (there were 2 cracks, now there is 10) fix the broken, leaking skimmer, fix the fact that the pool has shifted to one side making the water level uneven and pay for refilling the pool. They did pay for a 3rd party to come clean it, the check was made out to us with a statement of "final pymt and release of any and all claims." The 3rd party wants to be paid, but if I cash the check, can I get the rest fixed? Not sure if I should just claim it on our home owners ins.? What type of lawyer do I need?


Asked on 5/03/10, 8:27 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You may have lost the benefit of your homeowners insurance by not sooner reporting your loss. Contact an attorney in your area without delay.

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Answered on 5/08/10, 8:39 pm

The City is responsible for their contractors. I'm not clear if by "last" January you mean 2009 or 2010. If 2009, you have blown your rights against the city. If 2010, you are running out of time, as you only have six months to make a claim against the city.

It sounds like you have a serious subsidance issue, and with construction liability and a city involved, you need someone with real estate, construction and public agency law experience. I have practiced in those fields for over twenty years, and before hanging out my shingle my last job was Construction and Public Contracts Counsel to San Francisco Intl. Airport. I am obviously not local to you, but if you are interested in my services, I would be happy to set up a confernce call to go over your situation and how I might help. I practice all over California and have had a number of cases in Stanislaus Co. in my career. I never charge for travel except mileage, so my fees wind up being the same as an attorney with a local office.

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Answered on 5/11/10, 12:51 pm


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