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2008-09-17 1:56 PM
in reply to: #1679532

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Subject: RE: Why me????
jldicarlo - 2008-09-17 8:20 AM
ChrisM - 2008-09-16 9:41 PM

From a construction lawyer, I agree with the above, see a lawyer immediately.   No idea what the statute of limitations is for hidden (latent) defects like this, highly likely you're still OK, but don't delay. As SGriepsma said, it's 10 yrs in Cali. for this type of defect.   As for disclosure, check with a lawyer in your state, but in California if you fix a problem it's not something you generally need to disclose.

and this isn't legal advice or creating an atty client relationship, blah blah blah

So, here's what I wonder about with seeing the lawyer.  Technically, they are fixing the problem.  So...wouldn't a judge just say, "What do you want?  They fixed it, didn't they?"

Good question, but trust me, you won't be seeing a judge for months, if ever.  It's not really about that, it's more about making sure whatever they do is done right so that when you sign away your rights for future damages, which they will require, you will be protected.  We've had cases where the client agreed to have the original contractor do the "repairs."  You can imagine that the budgets allocated for these repairs are not the most robust, and we have ended up in court months or years later fighting over the fix.

Getting them to fix it is the best possible solution you can have.  Trust me, you don't want to see them in court, that's when the guys like us start making money.  Just make sure whatever they done is done well and up to code.



2008-09-17 4:57 PM
in reply to: #1680262

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Champion
8766
5000200010005001001002525
Evergreen, Colorado
Subject: RE: Why me????
ChrisM - 2008-09-17 12:56 PM
jldicarlo - 2008-09-17 8:20 AM
ChrisM - 2008-09-16 9:41 PM

From a construction lawyer, I agree with the above, see a lawyer immediately.   No idea what the statute of limitations is for hidden (latent) defects like this, highly likely you're still OK, but don't delay. As SGriepsma said, it's 10 yrs in Cali. for this type of defect.   As for disclosure, check with a lawyer in your state, but in California if you fix a problem it's not something you generally need to disclose.

and this isn't legal advice or creating an atty client relationship, blah blah blah

So, here's what I wonder about with seeing the lawyer.  Technically, they are fixing the problem.  So...wouldn't a judge just say, "What do you want?  They fixed it, didn't they?"

Good question, but trust me, you won't be seeing a judge for months, if ever.  It's not really about that, it's more about making sure whatever they do is done right so that when you sign away your rights for future damages, which they will require, you will be protected.  We've had cases where the client agreed to have the original contractor do the "repairs."  You can imagine that the budgets allocated for these repairs are not the most robust, and we have ended up in court months or years later fighting over the fix.

Getting them to fix it is the best possible solution you can have.  Trust me, you don't want to see them in court, that's when the guys like us start making money.  Just make sure whatever they done is done well and up to code.

Heh.  That's why I am hanging out at home all week burning vacation days.  I like to keep an eye on the progress.  I know the guys doing the concrete work.  They are the ones who redid my driveway and patio which were also incredibly jacked up by the lack of compaction.  So I am confident at least the concrete will be good.....

And I'd rather avoid court if I could anyway.  What a PITA and I just don't have time for that!  I was VERY surprised the builder agreed to fix it without a fight...but I think they realized they wouldn't have a chance of winning in court and just skipped the middle man...

2008-09-18 3:42 AM
in reply to: #1677232

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Master
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The Whites, New Hampshire
Subject: RE: Why me????
As Chris (who is way, way, way more qualified to answer than I'll ever be!) said, getting a lawyer isn't really about court, it is about the paperwork. Making sure you are protected, that you understand everything they make you sign, that they have jumped through every possible hoop out there (inspector, standards, etc.), and that there is no wool-pulling involved. Yes, they are also there so that if wool does get pulled, you get to go after them, but mostly, it is to keep you from getting ripped off AGAIN by making sure they flight straight this time. Pro-active protection - a guard dog, not (necessarily) an attack dog. They get paid to know the standards so you don't have to!
2008-09-18 7:45 AM
in reply to: #1677232

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Master
2447
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Marietta, Ga
Subject: RE: Why me????

You have an issue with settling under your house.  Meaning the ground was either not properly prepared, or you have something going on underground (leaking pipe, rotting debris buried under your house, loamy soil, etc.).  There are a variety of causes of settling.  It may be that they just didn't compact the soil before pouring the slab.  They may fix it by filling in the soil and repouring the slab.  But, this doesn't mean it won't happen again.  I had the very same situation happen with a concrete slab driveway.  It had to be repoured twice.  

Additionally, your house has been "suspended" above the ground.  You may find residual effects of this later, such as cracks in your walls and/or ceilings.

If you feel comfortable with your builder's solvency, and his willingness to not only fix this issue, but future issues that may (or may not) arise, then maybe you don't need to litigate.   I'm not trying to depress you, just hoping to make you aware of the fact that this may not be a one time fix. 

Furthermore, you'll have to disclose this when you sell the property, which may affect the selling price.  

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