Leaky Basement Blues: The Ohio State Waterproofing Lawsuit
Ever dreamt of finishing your basement, only to have it become a damp, drippy dungeon? That’s exactly what happened to James and Brandi Ward in Ohio. They hired Ohio State Waterproofing (OSW) to solve their basement flooding, but even after the company’s work, the Wards were still wading through puddles. Frustrated and soaked, they took legal action.
Now, this lawsuit (Ward v. Ohio State Waterproofing, 2012) isn’t exactly a David vs. Goliath courtroom drama, but it does shed light on what can happen when waterproofing solutions fail to deliver. Let’s delve into the details and see what homeowners can learn from this case.
According to court documents [Justia Law], the Wards signed a contract with OSW in 2008 to address their basement water woes. OSW completed the work, but the flooding persisted. The Wards requested a refund, but OSW denied it. Imagine their frustration – paying for a fix that didn’t fix!
The plot thickens. The Wards later discovered a broken water line on a neighboring property that was actually the culprit behind their basement woes. This begs the question: was OSW’s work even relevant to the problem?
The court case centered around the validity of the arbitration award – a process where a neutral third party settles disputes instead of a judge. OSW appealed the arbitration decision, arguing that the arbitrators didn’t consider all the evidence, specifically the broken water line. Ultimately, the court disagreed and upheld the arbitration award [Justia Law].
So, what does this mean for homeowners?
This case highlights the importance of clearly defining the scope of work in a waterproofing contract. Were OSW’s services supposed to address issues stemming from neighboring properties? Having a clear contract helps avoid finger-pointing later.
Furthermore, the case underscores the value of getting a second opinion, especially for substantial waterproofing projects. Don’t hesitate to consult with multiple contractors before signing on the dotted line.
Conclusion
The Ward v. Ohio State Waterproofing case serves as a reminder for homeowners to be proactive when dealing with basement water problems. A thorough diagnosis, a clear contract, and seeking multiple estimates can help ensure a dry and usable basement.
FAQs
Should I get a written contract for waterproofing work?
Absolutely! A contract should detail the scope of work, materials used, warranty terms, and payment schedule.
What if my basement floods after waterproofing is done?
Contact the waterproofing company immediately. A reputable company will stand behind their work and address any issues.
Is arbitration a good option for resolving disputes with contractors?
Arbitration can be faster and less expensive than court, but it’s important to understand the process and potential limitations.
How can I prevent basement flooding?
There are several strategies, including proper grading around the foundation, sealing cracks, and installing drainage systems.
What are some signs of a potential basement water problem?
Look for cracks in the foundation, dampness or mold growth, and musty odors.
Should I consider getting a basement waterproofing inspection?
An inspection by a qualified professional can identify potential problems and recommend solutions.
