Our Contractor Installed an Illegal Drain. What Should We Do?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

‘I hired a contractor to build an addition to our home that included new plumbing. His subcontractor installed a drain into the storm water system thinking it was a sewer pipe. The city gave us a plumbing permit. The city is now coming after us for an illegal drain. What can we do?’Fix it.

Question: The city will insist that the drain be repaired properly, and they probably have some pretty serious powers to enforce that. The fact that they may have signed off on the permit is irrelevant; even if it’s their fault, you still have an obligation to maintain your property up to code.
I would suggest contacting your contractor and calmly letting him know that this needs to be done. Assuming his sub is at all professional, he should make the change at no charge (assuming the original contract was a flat bid).