Statute of Limitations-- Contractor Fraud?

[N0Ch]

Location: Sausalito, CA

My family owns a property that had problem with tree roots invading the sewage lines. The plumbing contractor's job was to put in new sewage pipeline with a lining that would prevent the leak of moisture and therefore the roots will not penetrate into the sewage and eventual blockage. In 2004, the city issued a permit, and I was told by the plumber that the job was completed and paid them in full.

Now (2010) we have discovered that the repairs were never actually completed. By now, the permit has expired.

We want to take the plumbing company to court, and need to know the Statute of Limitation for this type of case.

Thank you so much!

 

[lairdwd]

I'm not a lawyer, but the nolo small claims court book I have suggests that your case would fall under the "discovery rule". snippet below. You should be good to go for litigationi if the contractor is indeed negligent.

========================
How the Discovery Rule Works
With some types of cases, such as medical malpractice, the limitations
period starts from the date the harm was discovered or reasonably
should have been discovered. This rule protects people who don't know
they have a problem until well after it has occurred.
Example: During an operation, a doctor leaves a small clamp in
your abdomen. It isn't until a year later that you experience extreme
pain and see a different doctor, who orders an X-ray that shows
the clamp. In most states, the statute of limitations for suits based
on medical malpractice (often three years) begins from the date
you learn of the problem, not the date of the original operation.
However, if you walked around in pain for several years before
seeing a second doctor and getting an X-ray, chances are a court
would rule that the limitations period would start before actual
discovery, based on the theory that you could and should have
discovered the problem sooner.

 

[N0Ch]

I think that is absolutely perfect and really fits or case. Thank you so much for looking it up for us! Sounds like a good book-- um, 'nolo?' Is that a brand, title, or is that slang for something, sorry? =)

 

[lairdwd]

nolo link

Nolo is a book on small claims court. I highly recommend it. You will also need "expert witness" testimony to prove that your contractor was negligent. Don't try to make your own case on that.

Just go to amazon.com and search for "Everybody's Guide to Small Claims Court"