JC: Couple of things. Don’t waste your time on fighting a RO. Let your atty do all of the communication from now on. Easy.
Get a couple of estimates of the cost to install a new direct line, not just fix the damage. At this point, given the neighbors attitude and actions, I would suggest suing for the new line.
To be most efficient with your initial atty meeting, prepare your timeline in summary format. ie. moved into your home x/2018 ( no plumbing issues ), construction happened x/2019, noticed sewer problem x/2019, tried to resolve with neighbor x/2019… Make it clean and easy to read. Details will come later.
I can’t remember if you already have this but you need documents from a plumber and/or city that:
1. Identifies that you indeed have a shared sewer
2. Property lines, easement.
3. Exact point of damage in the line ( w/photos from sewer camera, plot map with dimensions of sewer location )
4. Cost to repair.
Get at least 2 estimates for the repair and install of the new line. You want these to be similar in price and include ‘everything’. That means new cleanouts on your property, etc. Estimate for restoring landscaping, fixing sprinklers, etc. Anything that was affected by neighbors actions to bring your yard back to normal. You need high dollar estimates, you are not shopping price nor hiring the contractor right now. This sets the value of your legal action. You don’t want to miss something and come up short as you can’t ask for more later.
One more thing, it would be good if you prepared a statement in your own words saying how this sewer issue has caused you to not enjoy your home. ie. no dinner parties, no multiple guests, no birthday parties, no overnight guests, running small laundry loads vs. full load, going to laundromats, not taking baths, short showers, etc. You get the idea. All of this is to show your fear, concern, embarrassment of a sewer backup has affected your daily living activity. Due to lockdown you spend more time at home, thus adding to the frustration and inconvenience.
And, be sure to interview a couple of attorneys. Find one that you are comfortable with and ask them for estimates of their cost. There is a point where your time/cost of simply paying for the repair and walking away outweighs a long legal action.
My hope is that a well crafted letter to neighbors atty will result is him telling his client, “Just pony up and pay” as he really doesn’t have much of a defense. What started as a, guessing here, couple thousand dollar repair can easily balloon into tens of thousands with a drawn out legal battle.
Remember, even with a win, does the neighbor have the money to pay you? I’m a bit skeptical as he has turned over 2 attys– could it be for nonpayment? Stuff to think about.
