I had a contractor repave my driveway and install French drains around my house. He made it so all the water from the drive way runs into the garage and through the house. The French drains washed the foundation out from under the house and now it is unstable. What will it take to recover my loss?
You are certainly able to seek redress in the courts for the negligence of the contractor. What you will have to prove is that the contractor was negligent (i.e. acted below the standard of care for a contractor) and that this negligence was the cause of the damages. You will also have to place a monetary value on the damages, which can be done by having the damages repaired and using the repair bill as the measure of your damages. A few things to keep in mind: take a close look at the contract that you signed with the contractor to see if there are any provisions that will limit your ability to collect damages; consider whether these drainage problems existed before the new driveway, in which case you may have a hard time proving damages; and make sure you take all actions to prevent the damages from getting worse, which is referred to as mitigation of damages. In the end, you would be well served by finding a lawyer in your area and sitting down with them to discuss the specifics of this problem.
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