COBB COUNTY, Ga. — A Channel 2 Action News investigation revealed Georgia sinkhole laws offer homeowners little recourse. Now, several Cobb County homeowners said decades passed before their problems began.
The homeowners say the builders' offer to repair them is a slap in the face. Meanwhile, the builder said it is going above and beyond since they were following the law that existed at the time.
Since the 1990s, Georgia has prohibited the burying of most trash and building debris. Homeowners say it does little to help them now.
"They all said the same thing, 'Well, you got a sinkhole problem,'" said homeowner, Rod Boothe. "Right away, it's $5,000 off the bat."
Rod Boothe's sinkhole crept under his deck and sunroom.
"It was a several thousand dollar fix," said homeowner Tina Davis.
Davis said she's watched the sinkhole spread in her yard for years. She already repaired what was dangerously close to her foundation.
The sinkholes are often the result of a builder or contractor burying trash and debris.
"If somebody makes a decision that affects other people, that they should fix it," Davis said.
These homeowners blame their builder, John Wieland homes. They say Wieland homes constructed Mableton's Glenleigh neighborhood in the mid 1980's.
"It's not our fault that it took 25 or 26 years old for the sinkhole to develop," Boothe said.
That's why Boothe and others wanted the builder to make them whole. But, they feel the contractor isn't doing enough.
JW Homes, LLC offered Boothe three truckloads of dirt on a goodwill basis. In return, the homeowner was asked to release JW Homes from all claims.
"The issue we run into constantly is who put it there," said sinkhole repair contractor, Justin Bailey.
Bailey said, despite changes to the law, the burden is on the homeowner to figure out who buried the trash and prove it. And, there's a statute of limitations.
"You did not see them put it there, so you blame who put it there," Bailey said.
"We expected to have a beautiful home for the rest of our lives," said homeowner Hollis Miller. Miller said the sinkhole in her front yard is now cracking and tilting her driveway.
Late Thursday afternoon, Channel 2 received a response from JW Homes via email.
A spokesperson wrote in part, "Although sink holes are not covered by any warranty obligations on homes more than 20+ years old, we do try to be helpful to the current owners of these homes. These offers go above-and-beyond any legal liability that we have, and also beyond the practice of most other builder."
Contractor Justin Bailey is not affiliated with any of the work performed on Tina Davis' initial sinkhole.
WSBTV
