Legal Question in Construction Law in Virginia

A building contractor severed a septic field line when a road was put into a new development, about 7 years ago. I now own the property that the septic line comes from (the original property that was subdivided to make the new development) and my neighbors noticed seepage from the severed line coming down the bank towards the road. Does the contractor bear any liability for getting the leak sealed? Also is there precedence that the HOA fund could be reasonably used for the repair so that I do not have to bear the full cost. The basis of thinking on that is that the damage was done when the lots were developed and so could be considered a shared damage.

Asked on 10/15/10, 11:01 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Regarding the developer's possible liability, you would likely need further proof

(in my opinion)that the responsibility for this seepage should be laid at his door, so to speak. However, even if he you could muster such additional

evidence, any action against the developer would likely now be barred by the

applicable statute of limitations (if you could even locate him).

As for having the HOA shoulder all or at least part of the expense in fixing

this problem, what would you have to lose by asking?

Answered on 11/02/10, 2:44 pm

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