OT: need attorney referral

I own a second home in Crestone. It's on a community water and sewer district. It's an unincorporated rural subdivision. Last month when I was down there I had a sewer backup. Black water started flowing into my home, I had to evacuate, and there was extensive damage. Long story short, It turned out to be clog in the sewer district's line, right below my house. Initially they admitted responsibility to me (verbally, not in writing) but now are stating that "the cause of the backup is still under investigation".

Initially they were helpful and found a disaster recovery company in Leadville that was willing to come down and start the cleanup. It is a strawbale house with adobe floors and earthen plaster, not easy to repair. The recovery company did the cleanup and demo work but a couple of days ago informed me that they are "declining to take on the reconstruction project", claiming they are too busy. I'm currently trying to find a contractor who is willing and able to take on the project and rebuild my house.

I'm concerned that the sanitation district is going to deny responsibility and try to stick me with the full cost of the work. I'm estimating it will be in the order of $15 - 20K. The house is currently uninhabitable.

I'm thinking I'm at the point where I need legal assistance. Not confident of a good outcome if I have to deal with the sanitation district and their insurance company on my own. I'm not sure how to find an attorney though. I was wondering if any of you FFs know of an attorney who has experience in this sort of situation. Any other advice would be welcome too. The Bar Association does have a referral service for the Denver metro area and I can try calling them. Not sure if a Denver-based attorney can help or if I have to find someone who practices down there. Any referrals, thoughts or advice would be greatly appreciated. Thanks!

Debby

I would think your insurance company would have a vested interest in this and might handle the legal end for you? Have you talked to them yet?

How much of the straw bale, adobe floor, water/sewer was done to code? Do you have a mortgage, home owners insurance?

Many of the "houses" like that I am familiar with are regarded as little more than tents, yurts or temporary structures by insurance or government. Your situation may well be completely different. Hopefully so. Good luck.

No coverage. My homeowner's policy is with State Farm and I was unpleasantly surprised to learn that "sewer backups" are not covered unless you have the optional "sewer backup rider", which I did not. I have it now, but that's a case of locking the barn door after the horse has been stolen.

It's a real house, not a yurt or tent. Two stories, post and beam construction, stucco exterior, metal roof, radiant floor heating, etc. Fully permitted and approved in 2006 when it was built. Much better insulation and fire resistance than conventional construction. Passive solar too. It even has indoor plumbing! (some assembly required now).

I'm guessing the community water and sanitation district carries general liability insurance. I'd send a certified letter to the district requesting they turn your claim into their general liabity carrier putting them on notice of your occurrence and request they investigate for potential liability.

It sounds like it has more indoor plumbing than it can handle.:huh

I would think that State Farm should/could/would direct you on a course of action for getting your home repaired.

If you need a lawyer, Matt Dillman at Burns Figa & Will should be able to tell you your legal options. 303 796-2626. Hes in Denver though, so if he needs to come up there, it might get pricey. Perhaps all you need is counsel over the phone...or at least you could perhaps start there.

http://www.bfw-law.com/people-category/attorneys/

Good luck!

Yeah, they're great about selling you a policy but pretty bad about telling you what it doesn't cover, then they bury it somewhere in a 5page document printed in tiny 5 pitch text. I got burned by state farm in a similar manner.

Debby
Sorry to hear about this. Really sucks to have your place of retreat turn into a headache. I would get on here and call someone from the city and ask about local lawyers. http://townofcrestone.org/ They probably know a local lawyer. Most small town employees are happy to give out information. I probably would not tell them what it is about. if the city has an interest in this you get less information. I would just ask about local lawyers. A local who is connected could possibly get this taken care of without having to sue or something.
Just my two cents but I have lived in small towns most of my life.

You may try contacting 'unaweep', as he's an attorney and fellow inmate. Personally, I care not for his personality as posted elsewhere, but he is certainly devoted to his chosen career. You may indeed find him more agreeable. Good luck.

Do you know Diane with the Baca Grande Citizens Action Network? I'm not sure if she or the organization is still around but they spear headed the lawsuits against the POA a few years back. They may have a good pool of attorneys to work with, folks that know the area.

We had land in the Grants for years but sold due to the POA issues and the potential for drilling in the preserve (among other reasons). At one point we considered something in the Chalets which would necessitate the use of the sanitation district - it was mostly horror stories from area residents with poor water quality and disappearing funds being two of the standout issues.

I think retaining legal council and hammering away at the district as soon as you can may be your best bet. PM me if you need Dianne's email, I also know of an area realtor who may have names and numbers for good attorneys in the area. The Crestone Eagle might be a resource as well...Good luck!