Is a sump pump a defect in the construction of a house that causes water to get into the basement of the home?
British Columbia, Canada
The following excerpt is from McIntosh v. Papoutsis, 2009 BCSC 174 (CanLII):
Baird Ellan P.C.J. holds at ¶63 that, “[t]he defect was not the pump itself, rather the improper drainage and structural issues in the crawl space of the house that necessitated the installation of a pump to keep the basement dry” were the defects. She cites Armstrong v. Eigl, [1995] B.C.J. No. 2814 at ¶70, which states: It is essential to recognize that the “defect” if there be one, is not the presence of water in the back yard, nor water in the crawl space, nor in due course a sump pump in the crawl space, but rather the existence of hydrogeological factors for which adequate provision had not been made in the preparation of the site and in the construction of the home.
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