Home builder repair hell

Can't know (and like your interest in the law itself, don't really care :) ) all the pertinent details, but the problem is undoubtedly in the details that aren't detailed here.

And, unfortunately, unless this was a very expensive suit, a partner in a larger firm was probably not the best choice for representation -- you were likely "too small a fish in too big a pond" to get anything more than a few minutes of attention once in a while when something forced him to act. An individual in a smaller firm or in his own practice might have been a better choice. Judges come in all flavors, too--unlike Lake Woebegone children, not all can be above average. That aside, the problem in such instances for the claimant is normally that the law is very specific in what it takes to prove a claim and what may seem "right" may not be sufficient to require a judgment against the defendant. And, of course, the remedies allowable may not seem to be anywhere up to what one might like.

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Reply to
dpb
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Reply to
conneticat

You must understand RicodJour. He fancies himself as netnanny. Group cop. The corrector of every post. The fountain of information, truth, and possessor of the only true solution. And when he can't best you in that way, he gets personal and emotional.

Killfile him. He has nothing to say that you want to hear. Life will be easier, and you will have only about half the messages to download every day. He has no life, as all he does is sit here and spew.

HTH

Steve

Reply to
SteveB

Was I absent or drunk the day free speech was abolished?

Steve

Reply to
SteveB

?? The OP is printing up bumper stickers and creating numerous web sites to attempt to retaliate against the builder. How is that not abuse? How will that correct the situation or make the OP whole?

Right. It won't. Don't kid yourself, he's in a pissing match - nothing more.

R
Reply to
RicodJour

I'm sorry to hear it. There's no excuse for bad work. None.

The dollars and potential damage/injury are great in larger construction projects. Even small projects - installing a handrail for example - can have dire consequences. Unless you have loads of construction experience and legal training, it's almost impossible to protect your own interests. You have to rely on other people to do that for you. Someone's uncle who worked a few summers in construction back in his college days is probably not the person they need. Some people use the architect as their protection to help keep the contractor in line, others try to use lawyers or hire a construction manager. This is more or less the standard way it's done, and it has its advantages, but it also often builds into the project an adversarial relationship. That rarely helps matters.

Another way of protecting your interests is to realize that the number one most sought after trait in a contractor is the ability to do what he said, for how much he said, and when he said it would be done. Regardless of any other positive or negative aspect of the contractor's business, that is the most important thing. People that can do that can charge more than those who can't. They don't have to advertise as much as those who can't do it. They're harder to find, have longer waiting lists, and are in much greater demand. It's tough to balance a person's "I want this, for this much, and I want it now" with the contractor's "I can give you any two of fast, cheap or good. I can't give you all three." Obviously it's not as easy as saying never hire the lowest bidder, or that the highest bidder is always a good contractor.

You have to do your homework on the contractor beforehand, and it has to be thorough. Visit job sites and previous jobs - not just the recent ones. See how the contractor handles the job site. If the place is a mess, cigarette butts and lunch debris strewn around, lumber in heaps instead of in neat piles and up on blocking, you should be concerned. A good contractor treats your home as his and won't allow subcontractors and workers to muck it up.

There must be a tight set of contract documents. If you architect doesn't know how to tie up all of the loose ends, you'll just end up paying through the nose for them in the end. An architect is not a lawyer. Architects love to use AIA contracts because that's what they've always used and because they protect the architect more than anyone else. You need a lawyer or construction expert familiar with your state's laws to make changes to any contract that is presented to you to cover your interests. If your lawyer goes overboard and makes a contract that is so one-sided that it's tantamount to the contractor slitting his own throat, you can expect the contractor to walk away. It's always a two-way street.

It's a business for the contractor, and it should be approached that way. That doesn't mean that it can't be enjoyable. Any construction is unsettling for an owner, fraught with risk, with remodeling while living in the house particularly upsetting. As in any close relationship, both parties need to show respect and consideration for the other.

I commiserate with people that find themselves in such situations. We've all been there at one time or another. You feel like you're being held hostage and paying for the privilege. Of course it's not limited to contractors. I've had that feeling with computer companies, trucking companies, a whole host of companies in fact. Having that feeling invade your home is never a good thing. It's also never a good thing to start acting like a kid, and stomping around yelling. That doesn't solve anything and frequently exacerbates the situation. You've got to keep your eye on the ball and take your ego out of the equation. You must figure out the desired result, and pursue that end as calmly as possible. That's how adults act and people respond well to that.

R
Reply to
RicodJour

I'm betting on drunk. :)

R
Reply to
RicodJour

Gee, you're sensitive. Are you still upset from that _one_ thread where we ever exchanged opinions?

Was this what I wrote that bothered you? "A little while ago you were shouting NEVER PAY FOR WORK UP FRONT, now you're telling us that you customarily did business that way? Then you're telling us that you left the deposit thing behind when you went into commercial work. WTF? Sure, there's no difference between commercial and residential work, is there? Sheesh."

I apologize for disagreeing with you. Well, at least I was disagreeing with what you said at first, then you flip flopped so I agreed with you, then you went back and, well, then I sort of lost track of which side of the fence you were on.

BTW, you said you were kill filing me. Try again - it doesn't seem to have taken.

R
Reply to
RicodJour

CALL YOUR STATE'S CONSUMER PROTECTION DEPARTMENT...your builder should be licensed with them, and there's a reason for that. Consumer Protection can give you information on your rights and any compensation that might be possible. For example, in my state Cosumer Protection deposits money from contractor licensing (roofing, electrical, plumbing, etc.) into a pool of sorts, and consumers who have been wronged by a contractor that goes out of business can still sue and reclaim some money. That's just one example of a services; there may be other things they can do for you, including threatening this guy's license if he doesn't live up to the spirit of his contract.

Reply to
conneticat

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