I purchased a newly built duplex in August of 2021 to house hack. Before I closed on the property, I'd expressed concern to the builder about the side yard which had, what I felt, was a significant angle. For whatever reason (I suspect to cut cost and time because they were behind) they did not build a retaining wall like they did for the other five properties they built at this time. I was concerned so much so that I switched which side I would live in because of it. I was concerned that there would be substantial erosion of the yard and here we are three years later and it looks like I was correct to be concerned. The ground is now about 4-5 inches below the foundation line and it's also causing issues with my neighbor's adjacent yard. Surely this could be an issue with the foundation of the house soon.
I reached out to the builder twice by email and once by certified mail and there has been no response. I had an estimate done ($7k) because at this point the sprinkler piping is exposed and I'm afraid that could lead to an even greater problem. The contractor suggested building a French drain along the fence line and finishing it off with a retainer wall to match the others the builder did. He would replace the dirt and sod to correct the erosion issue as well as provide proper drainage.
I have two questions:
1. Do I have a case even though we are past the 1 year warranty mark for the property?
2. What kind of attorney can assist with this case?...a construction attorney? Any referrals?
Any guidance is much appreciated. Thanks in advance.
