Legal Question in Construction Law in Wisconsin

Sump Problem

Bought the house new in May 2005 (split level). We have had water come up through the sump area causing damage 4 times, the pump could not keep up with water flow(pump never died) We even installed a secondary pump in a new hole (Nov07) and the problem still persists. When we broke through the foundation we noticed water about 4 inches below the concrete line. So it seems our drain tile is actually sitting in thhe water table. I am currently running 2, 1hp pumps and they are still pumping at least every 30 seconds. The builder does not speak to us, because of other problems we have tried to get him to fix. Is there any legal action that can be taken against the builder or county for this matter?


Asked on 7/15/08, 4:15 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Sump Problem

I am not licensed in Wisconsin, so I can only speak in general terms. The county has no liability with regard to this issue. They only approve the plans that they comport with the local codes. The question with the builder lies on whether you chose the site or you bought an existing house on property that was owned by the developer or builder.

If you provised the plans to the builder and chose the lot, in most cases you have no recourse. The bottom line is that it depends on facts and circumstances. If you choose to prosecute this further, seek competent counsel in your jurisdiction.

Patrick Tracy

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Answered on 7/16/08, 6:17 am


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