The problem we are having is with our septic field. We have been in our house for 5 years, and we recently received a notice from DHEC that our septic field was overflowing and was going onto our neighbors property, and we have 30 days to fix it. We have had DHEC come and look further. They said that the ground was unsatisfactory and that it looked as if at one time there were a gully which was filled in, which the fill dirt could have been causing the problem. They indicated that the dirt in the back was great and that our only option was to put in a pump and pump to the back of our property to a completely new drain field. The septic contractor quoted us $6350 to do this repair not including the electrical work. When I called the builder, he said because of the rain a lot of people are having septic issues, however now that I know the signs of a failed septic system I know we were having problems before the large amount of rain. He also said that when it was designed, it was designed for the front yard and to have lines added if there were a failure (DHEC says adding lines is not an option due to the dirt). Our home owner's book says concerning the septic tank: _Septic Tank- Is to be capable of proper handling of household effluent. It is, however, possible, due to freezing, soil saturation, chances in ground water table, or excessive use of plumbing of appliances, that an overflow can occur. Periodic pumping of the septic tank is considered homeowner maintenance. If it is determined that the septic system is malfunctioning due to improper design or construction the builder shall take corrective action._ I have talked with several people who feel like the builder should take responsibility for this. We also feel like the builder should because we bought the house new, and it just doesn't seem like it is normal for a septic field to complete fail and have to be scratched and started new within 5 years if there were not a flaw in either the construction or the design. Furthermore, all of the houses except, for our two next door neighbors were built by someone different and with the septic tank in the back. Out of our two next door neighbors, one house the property sits higher than ours the other neighbor has had the same exact problem that we are having. However, they bought their house out of foreclosure _as is_. I am just wondering, in your opinion, is there anything we can do? If so, what do we do, and how do we go about doing it? We have a week before the deadline to have it fixed.
04/16/2010 |
Category: Warranties |
State: South Carolina |
#21810
In South Carolina, a builder’s implied warranty is included with every home the builder sells. The implied warranty does not guarantee that the house will be perfect, nor does it relieve the homeowner of his responsibility to properly maintain the home and follow generally accepted landscape practices. There is no specific statute that creates the builder's warranty.
Enacted in 2003, the “South Carolina Notice and Opportunity to Cure Construction Defects Act” requires the homeowner to give the builder the opportunity to repair a construction defect 90 days prior to initiating an arbitration or lawsuit. The builder has 30 days from receipt of the homeowner’s notice to inspect and offer to remedy, settle or deny the claim. Failure to respond to the homeowner’s notice is deemed a denial of the claim. The homeowner’s reply to the builder’s response is due in 10 days. Under the law the homeowner must give the builder access to inspect and repair. Any offers by the builder are not admissible in a later action based upon the claim. The intent of the law is to facilitate the prompt resolution of claims. This purpose is fostered if objective standards for good construction workmanship are set forth in a written document.
