Legal Question in Real Estate Law in Illinois

surveyors mistake

a surveyors mistake has forced construction on my home to come to a screeching halt. the construction has gone as far as to have the whole basement walls and floor poured along with city sewer,water and electrical services installed. however it has been discovered that the house is as much as three feet closer the street than it is suppose to be. varience meetings are a month away,work has been stopped for two weeks already. my rate lock will expire forcing us to pay at a higher rate, costing us thousands of dollars more over a thirty year mortgage. not to mention the fact that a varience may cost thousands if i can not sell in fifteen years from now.this will cost. is this a lawsuit????


Asked on 8/19/03, 10:39 pm

1 Answer from Attorneys
David Leibowitz Leibowitz Law Center

Re: surveyors mistake

Could be. Illinois follows the doctrine of "comparative negligence" and the liability of the surveyor could be diminished to the extent that you or perhaps your contractors or subcontractors were deemed to have also been part of the problem. Was the property staked? Were there monuments? Was the survey drawn to ALTA standards or to Illinois Land Survey Standards. These questions will come into play in terms of a potential suit. Then again, another important question is whether the surveyor carries adequate Errors and Omissions insurance to respond to your possible claim. Feel free to call us at 847 249 9100 if you'd like to discuss this matter. In any event, you will have to do everything you can to mitigate your damages.

Read more
Answered on 8/20/03, 12:14 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois