回复:各位大侠帮忙出出主意, 让老美给坑了

来源: 66196 2005-12-02 15:14:20 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (785 bytes)
California has the shortest statute of limitation on property damages, normally from 1-2 years for oral contracts and 4 years for written contracts. You need to consult a lawyer to find out whether your case is barred by statute of limitation. Most importantly, you need find out whether statute of limitation runs from the actual harm date or the discovery date, based on previously decided cases in your jurisdiction.

If your case is not barred by statute of limitation, you can either sue under breach of a contract or tort of negligence. May need to get an appraiser to find out the permanent damage of the house so that you can claim loss of value of the house.

Under tort of negligence, res ipsa loquitur is the one you want to claim. (The thing speaks itself).
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