[WSBARP] Referral - Claim Against City re Backup of Sewer Line

[Inge Fordham]

Colleagues,

I am looking to refer a PC who purchased a home in mid-2021.  The Form 17 stated that the basement had flooded 3 times during rain events and outlined 3 separate repairs performed in 2018, 2019, and 2020.  PC had the side sewer inspected and discovered severe root intrusion into the sewer line.  PC had the line re-sleeved and backwater valve installed.  The newly installed backwater valve was installed to code and passed inspection.  Fast forward to Jan. 2022 … during a heavy rain event, the basement flooded with 4-5’ of water and sewage.  PC conservatively estimates damages in the range of $50k-$75k.  There does not appear to be a claim against the seller (as the prior flood events were disclosed). HO insurance denied the claim.

After speaking with neighbors, PC learned of at least one other flood in or around 2012 caused by a backup from the City of Tacoma sewer line during a heavy rain event.  The then-owner made a claim and the City is believed to have made a payment on that claim.  This is believed to be a recurring issue.  PC made a public records request and is awaiting production of records.  PC submitted his own claim for damages to the City of Tacoma, who sent a City Source Control Representative to investigate.  The City subsequently issued a letter denying the claim, stating that the Representative determined the stairwell drain was the source of the incoming water.  The stairwell drain did not have a backwater valve, which the Representative opined would have prevented the flood incident.  PC had a licensed plumber come out to inspect and install potentially install a backwater valve to prevent future flooding.  The plumber determined that the stairwell drain was not connected to the sanitary sewer system.  Therefore, a backwater valve would not have prevented the flood event and the stairwell drain was the source of the water and sewage.

PC is looking to appeal the City’s decision.  The goal is to get damages covered (and bigger picture, to stop the problem from happening again).  I have to think this isn’t the first time this has happened and am looking for referrals to a colleague (or colleagues) who have battled municipalities on claims like this.  Self-referrals are welcome.  All referrals will be forwarded.

Thank you,

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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