Legal Question in Civil Litigation in California
In mid-August, Traffic Development Services (TDS) was contracted by the City of San Marino to install street lights. TDS pushed an electrical pipe underground severing and blocking my sewage drain. Not knowing the cause and after a few days of limited water usage, I authorized a repair. After a few months, I am given the resolution of $4000 out of $6700 because I authorized �work above and beyond�. The �above� repair was installing a new section of pipe from the house to the severed section rather than just fixing the small section that was severed. (I don�t recall if I did or did not actually authorized the installation of a new section of pipe. By day 3, in the summer, I just wanted the project to be over with.)
TDS contacted the plumbers who quoted that the sectional repair would have cost $3300, (which I loosely assume the sole cost of installing the 40 feet of new pipe to be the remaining $3400). TDS kicked in an additional $700 as a goodwill gesture (making their compensation total $4000).
Is this a case I can win by either TDS paying me the full $6700 by taking back the new section or allowing me to keep the new section at no cost to me? I asked TSD several times to removed the new section of piping and fix the old section so that I do not end up with a bill (I just want to made whole again). I completely support the idea of taking out the new section just so I won�t have to forfeit money for an issue that I had nothing to do with in the beginning. Will any attorney take this case on �contingency fee� basis and include all fees to be paid by the opposing party?
1 Answer from Attorneys
No, and you may only have until mid-February to present a claim to the city as a prerequisite to suing the city. The attorney you retain will be able to advise you.
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