Basement Water Woes

Date: October 28, 2010
Posted In: DLP Law

Ken and Kelly had trouble with flooding in their basement whenever there was a heavy rain. They knew something had to be done so they hired the Basements-Are-Dry Company (BADCo.) to water proof their basement. BADCo. ended up digging up part of the foundation and installing various water-proofing material.

All seemed to be well for about one year, so Ken and Kelly moved a lot of their extra clothes and some furniture down into the basement. Unfortunately after a hard rain, once again, the basement flooded and all of the clothes and furniture were ruined. BADCo. had guaranteed their work. Ken and Kelly contacted BADCo. but could not get a response from anyone at the company. What are Ken and Kelly\’s damages?

Ken and Kelly have several choices. They can hire a new contractor to perform the job right and sue BADCo. for those repairs. Ken and Kelly can also recover the fair value of the furniture and clothes that were destroyed because of the flooding.

If Ken and Kelly desire and want to give BADCo. another chance, provided someone from the company will answer their calls, they can allow BADCo. to come in and fix the problem at BADCo’s own cost, plus also recover the value of the lost goods that they have sustained.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.