After an 11Alive investigation into developing sinkholes aired, it generated an overwhelming response among viewers who have had a similar experience.
11Alive’s LaTasha Givens first reported about a sinkhole that opened up in an Alpharetta family’s backyard after they say the home builder buried construction trash instead of hauling it away. After 15 years, that trash started to decomposed and the sinkhole was left as a result.
But as 11Alive found out, hundreds more homeowners are struggling with the same issue and are upset that there is little action they can take as recourse.
Becky Rogers is one of the many homeowners furious after finding buried trash left by her home builder.
"They should have to pay for it. They should have done it right to start with," she told 11Alive. "There were all sorts of paint cans with dried up paint and all kinds of things.”
Rogers says the heap of trash nearly touches the tip of her fence. She discovered it while a pool was being built in her backyard. She contacted the builder to see if the company would pay the $5000 to have it hauled away, but they refused. So she took them to court.
"The first time it sounded like the judge actually understood what was going on,” Rogers said. “He even made the comment that it sounds like someone just cut corners here and decided to bury the trash instead of having it thrown away.”
But as attorneys prepared briefs and came back to court, Roger’s case was dismissed because it was past the statute of limitations – eight years.
PHOTOS | Woodstock resident struggles with sinkhole
But, attorney Page Pate says there is one last measure of recourse homeowners like Rogers have: “Political pressure,” he said. “Call your legislator, tell them we need to change the law. It has been done before."
Pate references the Georgia Synthetic Stucco cases from more than a decade ago when legislators stepped in to extended the statute of limitations when homes were destroyed because of an unforeseen mold problem that took years to manifest. Now, he says homeowners should be able to do the same for builders and contractors who buried trash.
"You could have a special section under the law that treats claims relating to sinkholes or construction debris differently than regular construction defects,” he said. “It was against the law when they buried the trash. There should not be a statute of limitations."
Officials also say if you can prove chemical waste was in your trash pit left by a contractor, you might be able to still pursue the builder after the eight years. For that type of soil testing, homeowners should contact the Georgia Environmental Protection Division.
