Dunant v. Wilmock, Inc.

Banke, Chief Judge.

In 1980, the appellants purchased a home which had been constructed by the appellee. Soon after moving in, they began to notice that during periods of wet weather, waste water tended to back up into the house from the septic tank system. Upon learning that this was not an uncommon problem in the portion of the subdivision in which their home was located, they filed suit against the appellee, naming as additional defendants the subdivision developer, the engineering firm employed by the developer to perform soil percolation tests and design the subdivision’s drainage system,…