On Mon, 12 May 2008 16:19:59 -0500, "Anny Middon"
<AnnyMiddon@[EMAIL PROTECTED]
> wrote:
><lkondolian@[EMAIL PROTECTED]
> wrote in message
>news:ab912814-99cd-44e7-a60e-76219681c465@[EMAIL PROTECTED]
>>
>> How should we ask the contractor to fix this? We don't want to wind
>> up in court (although
>> if we did, our position would be very strong -- our contract with the
>> contractor states
>> that permits would be bought ahead of time and everything would be
>> according to code)
>> and I think this was an honest mistake on their part, but I sure as
>> hell ain't gonna pay
>> them to fix their mistakes. We paid T&M (time and materials) for the
>> unanticipated
>> work -- how about we only pay materials for the repair?
>>
>>
>How much will it cost to have someone else do it? How much hassle are
you
>willing to go through to get it done by the original guy?
>
>I think you should call the contractor, explain nicely what the problem
is
>and ask when he can come out to fix it.
>
>It is of course possible that he'll say, "I'm sorry about the problem and
>I'll have my guys there on Thurday to fix it" and the guys will actually
>show up on Thursday and do the work.
>
>IME though what will happen is that he'll promise to have the guys out on
>Thursday and they'll never show. You'll call repeatedly and get his
>voicemail.* Eventually he'll either get forgetful or be so irritated by
>your calls or (perhaps most likely) be in a situation with another
homeowner
>when he wants to break off the conversation by saying, "Sorry, I have to
>take this call" and he'll actually answer the phone. The he will promise
to
>have the guys out to your house on Thursday.
>
>Wash, rinse, repeat.
>
>* I personally would sup****t any legislation that would make it illegal
for
>home improvement contractors and workers to have Caller ID on their
phones.
>
>Anny
>
Here's a fun one for you - My cousin is a Real Estate broker in Lake
Los Angeles, CA. Several years ago, he sold a lot in Lake Los Angeles
to a contractor who built a custom house (on spec). At some point
during the construction, the bank discovered that despite the title
search and all the inspections, the house was being built on the wrong
lot. The contractor had signed a waiver declining to have the lot
surveyed, but my cousin ended up being named in the lawsuit, because
the contractor claimed (several years later) that the sign was
displayed on the wrong lot.
The original owners (also named in the suit) offered to settle the
matter by offering to trade the incorrect lot (where the house was
built) for the vacant lot next door, where the house was supposed to
have been built, plus $10,000.
The owner of the lot where the house was incorrectly built refused,
and went to court claiming that the house belonged to him. In the
meantime, the builder of the house was unable to sell it, and ended up
filing bankruptcy, and lost the house and the lot through foreclosure.
The owner of the lot where the house was built also lost it through
foreclosure, so he passed on the chance to walk away with a lot valued
at $45,000 plus $10,00 cash. A comparable lot would now be worth
$35,000, but it's a moot point now, since he no longer owns the lot or
the house. Apparently the whole thing is beginning to resemble a
three ring circus, with each party suing the next in line, and no one
but the lawyers will ever see a dime.
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