Legal Question in Construction Law in Kentucky

building codes for houses

I recently purchased a home. It is about 3 years old now. The front porch has had drainage issues from the date of purchase. The porch is made out of concrete that is situated on a concrete block foundation. The concrete porch has settled down about 1 inch in the rear, next to the house, thus collecting water when it rains. The concrete was removed today and the contractor that removed it said the porch was not built to code when the house was built. I am not the original owner of the house. Is there anything legally I can do to help recover some of the cost of replacing the concrete porch. Can the builder or previous homeowner be liable, or what about if the house was not properly inspected when originally built. I have already contacted the planning and zoning office of my county and I am waiting for a response.


Asked on 9/17/08, 5:30 pm

1 Answer from Attorneys
Mike Troutman Troutman & Hays, PLLC

Re: building codes for houses

If it is code violation, then the builder can be held laible if the house is less than 7 years old under a Ky statute. You also can request your attorney fees although it is within the court's discretion whether they are awarded or not. The previous owner would not have liability unless you can prove they knew of the ocndition and failed to discose it which is unlikely in this situation.

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Answered on 9/18/08, 11:17 am


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