I live in the Mojave Desert. Builders took a beating some years ago, because some homes were actually sinking into the ground. Elevation
2100 feet.A person I know collected a large sum, made the repairs himself and sold the house.
His lawyer may have been from out of town - not sure. Google house defects +LAS VEGAS +Attorney. (or some such, post 1996)
More reason for a lawyer. A Judge will determine if the case is class action or not.
What does the agent for home owner's insurance say? Unleash their lawyers.
OP didn't say- one builder or multiple builders? And how many judgement-proof disposable companies are in the chain of ownership and financing for the subdivision? And does case law in the area give them the out of 'well, it passed inspection- sue the county'? Hopefully the lawyers OP and neighbors hire will research all that before they run up a big bill and get told the case is not worth pursuing.
None of that is what OP wants to hear, I realize. I have seen subdivisions like that, built on filled-in wetland, or over sinkholes. There are several in this town, where the footer or slab level of the houses is maybe 3 feet higher than the picturesque brook that runs through the subdivision. A heavy rain, and there is ponding all over the place. A local developer just did an infill of modular houses dropped on garbage lots like that in a bottom-land subdivision that failed at least 40 years ago, judging by the existing houses. Bulldozed out all the typical bottom-land brush that had sprung up and hydroseeded, to make it resemble actual lawns, and sold them off to clueless entry-level buyers. This subdivision is obvious blatant flood plain, to anyone that looks at a topo map. A wet spring and a bad storm, and the half-ass river a block away will be running through the neighborhood.
Some land should not be used for anything but swamp/woods, or maybe moisture-loving crops. But there is basically no inspection or land-use planning (other than shopping centers or casinos, of course) in this township. Having grown up in the business, the red flags jumped out for me. They would likely have jumped out for anyone that grew up on a farm, as well. Most folks don't have a chance to gain that knowledge growing up, and have to learn the hard way. Solid hard ground is scarce around here- topography is mainly swamps and old sand dunes with a thin coat of topsoil.
aem sends...
you cant sue the builder but you can sue the builders insurance company thats why they have builders insurance and that will make it more expensive to get insurance later and prevent him from doing this to others........ see if the builder built close by and check other properties and go through a class action.
good luck
time to
Who says you can't sue the builder? Insurance isn't protection against anyone suing you. In any case like this, you sue the party responsible, because they are the ones who did the damage. You have no direct case against their insurance company, who did nothing wrong. If there is an insurance company with a policy in place that covers what is being sued for, they will get involved, settle, or go to court to defend against the suit. But it starts with suing the party responsible, not their insurance company. Suppose you did sue the insurance company, and the suit results in a judgement for more than the insurance company policy, but the builder has plenty of other assets. Does that mean you should just walk away with whatever you can get from the insurance company policy limit? When you sue the builder, if you get a judgement and it's covered by insurance, the insurance company will pay up to the limit. Any excess results in a judgement enforeceable against the builder himself.
time to
Yes you sue the builder. His insurance company may or may not cover it. For example, if he knowingly built on fill, then insurance is not going to cover it. However, if he hired a sub who forgot to compact or something, then it's possible they will cover it. Insurance covers an "occurance" which is like an accident, only broader. Building on fill is not an accident. (Hiring a sub who screws up is considered an "accident"). Liability insurance companies do not just roll over and cut checks for foundation replacements. They have good attorneys etc. It isn't like submitting a claim for windshield replacement on your auto policy. Also, you need some damages. Your damages can not be "I think it's going to fail" or "this builder left 2x4's in the rain" therefore I need a new house. What are the damages?
time to
I have just been through it, so without going through the nitty gritty you are partly right but it was the case with mine over the same thing But i had to do the insurance company for the builder not the builder in the end But both will suffer in the end. Weather you agree or not .....Thats what happened
time to
You had to "do" the insurance company? Was it good for you?
Why the reluctance to share the details? I'd like to hear the case where you sue the insurance company instead of the responsible party.
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Maybe "trader4", if you close your eyes, click your Ruby red slippers together 4 times and say, "There's no place like home" you just might hear the "case" in your own little feeble mind. Id guess he doesnt want to share the details so he doesnt have to watch you type out a 10 page post of nit picking drivel. Bubba
some time to
As usual Bubba, you add nothing constructive to the thread and you're dead wrong. FYI, you sue the party responsible, not their insurance company. The insurance company didn't do anything wrong. The insurance company, if they believe their policy covers the suit, will then either reach a settlement or defend the insured. That's how it works. But keep following me around in the newsgroup and making an ass out of yourself, so more people can see what you're all about.
some time to
The builder has 7 homes he built with no buyer. I get the feeling he is trying to finish this up so he can fold the company. Many owners are having the same problems. Also problems with water leaks and concrete driveways cracking. Builders like this make them all look bad.Funny thing, I asked for copies of all public records for my house- (like building inspections),asked in person 3 times, phoned 5 times and sent a registered letter last week. I think someone in the town is trying to hide something.
Call the newspaper and ***all*** your local TV news departments NOW. If you're in a small city like mine, they love stuff like this.
Public employees often do better work when faced with embarrassment and humiliation. Television can help with this.
some time to
I find it funny that now you are explaining this to me. Like what the hell do I care. You're so wrapped up in your confrontations in here that you missed the whole point. I think you are a wanna be moron. You think that EE degree makes you something special and in reality all it does is make your BOORING!!! But like all EE's such as yourself, it can be quite entertaining at times. Bubba
had some time to
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And I find it funny how you're so huffed up over my having the Aprilaire 760 humdifier for 10 years, liking it and recommending it that you're now following me around in other threads like a juvenile and making an ass of yourself.
You obviously must care, cause you keep posting crap and taking pot shots. Like entering this thread, huffing and puffing with personal attacks after I simply pointed out that the poster that told the OP he can't sue the builder but must sue his insurance company is wrong. That was simple and correct, yet you chose to attack me over it.
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How long have you two been married anyway?
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Boo Hoo. It sounds to me like you would like a little cheese with that whine. Grow some balls you little girl. and there is NOTHING simple OR Correct about anything you post. It looks more like you just like to see the alphabet (and lots of it) printed on a white background. Bubba
had some time to
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growing
How do you not archive messages? I found out this used to be wetlands that they built on-that's why I have wet clay 6 feet down.
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Yeah, I need another drink too. Bubba
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case is class
Unleash their
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houses. Bulldozed
blatant flood
a bad storm,
or land-use
jumped out for
up on a farm,
knowledge growing
thin coat of
Well the lawyer said I have a good case. Veranda Homes has 7 homes they built without a buyer that they can't sell-they have cracks in the concrete slabs already.
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