Expert: Dan Griffin - 7/21/2008

Question
We bought a new condo several months ago.  The driveway extremely steep going down into the garage.  Both of our cars drag going in and out to the point that we don't park in the garage.  We called three different companies to  see if they could fix it, and all three of them told us that they would not touch it because our drainage system is connected to the other condos' drainage systems.  All three of the guys who looked at it said that they would consider the grade a design flaw and that any builder worth his salt would fix it.  The last man who came out said if we  weren't willing to sue the builder, he would bring an architect in to look at it, but it might be $10,000.

Of course, we knew what the driveway looked like when we bought the condo, but we weren't able to test it out (there was construction material stored in the garage until after closing).  The builder assured us that he had tested it, and though it was steep, it was usable.  We both feel ridiculously stupid for buying a condo with a driveway that makes our garage unusable because we took someone else's word that it was fine.  

We have e-mailed the builder many, many times over the past six months, and we saved all the e-mails. We have e-mails saying that he has an idea for how to fix it and that he is working with a local welding company to fashion a grate to go over the top.  It's been five months since the builder has responded to any e-mails.  Is it time to consult a lawyer?  Do we have a case? Or should we just pay for the architect and chalk it up to first-time buyers' naivete? What kind of lawyer would we consult?

Thank you for your help!

Answer
Laura, I am sorry you are having this problem.  I think you are long past the consult an attorney time.  I normally don't suggest involving attorneys, but your builder seems unresponsive.  I would still like to see you work with him rather than an outside attorney.  Make sure you take steps within the first year, the normal "guarantee" period.  Quit with the email, start using registered mail.  Inform the builder that you intend to contact an attorney by some set time (one or two weeks at most) if he doesn't contact you and begin remidiation.

Don't agree to arbitration, in my opinion, as I doubt it will end in your favor.  Contact an attorney, most will at least discuss the merits of your case for free.  Ask for a recommendation of an attorney that specializes in construction defects.  I think I would also ask your  mortgage company and your homeowner's insurance for advice.  A structural engineer might be a much better contact than an architect and mey also be able to steer you toward a solution and be able to function as a forensic expert.

I cannot offer solutions and I suspect any cure will be expensive.