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re: I'm being sued - question

Posted on 3/18/24 at 1:49 pm to
Posted by bbeck
Member since Dec 2011
14561 posts
Posted on 3/18/24 at 1:49 pm to
Man that builder needs to be put on blast publicly
Posted by mmonro3
New Orleans
Member since Apr 2013
3923 posts
Posted on 3/18/24 at 1:54 pm to
I know the jokes write themselves, but is this a DR Horton or DSLD home?
Posted by GentleJackJones
Member since Mar 2019
4162 posts
Posted on 3/18/24 at 2:00 pm to
quote:

I know the jokes write themselves, but is this a DR Horton or DSLD home?


No. I'd say the builder and post his fricking office and cell phone, but am going to trust my gut and hold off given I'm a named party to this suit and don't want anything to come back and bite me in the arse.
Posted by GentleJackJones
Member since Mar 2019
4162 posts
Posted on 3/18/24 at 2:01 pm to
quote:

I know the jokes write themselves, but is this a DR Horton or DSLD home?


No. I'd say the builder and post his fricking office and cell phone, but am going to trust my gut and hold off given I'm a named party to this suit and don't want anything to come back and bite me in the arse.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65690 posts
Posted on 3/18/24 at 2:01 pm to
quote:

Girl next to me was having a pool built and the pool company didn't pay a sub on some part of the job. She had a lien placed on her house even though she wasn't responsible for the payment. Took her two years to finally clear everything and get the pool finished. Long story short, make sure you get good recs on all builders and contractors.
<——Not an attorney

To help one to avoid this scenario in Louisiana, INSIST ON GETTING PARTIAL LIEN RELEASES from all major material suppliers.

INSIST ON GETTING THEM AS A CONDITION OF PARTIAL/FINAL PAYMENTS TO YOUR POOL BUILDER*

If a prospective pool builder is offended by this stipulation, run from them. The good ones are not offended by it.

*Pro Tip: A significant percentage of pool builders are not burdened by having a conscience. They will frick your eyeballs out if you let them. Do not let them. The money you owe them is the only lever you have to get bad actors to “get right”.

If you do not understand what this PSA means, before selecting a pool builder (or any major renovation/addition contractor), consult competent legal counsel for instructions.
Posted by Gravitiger
Member since Jun 2011
10419 posts
Posted on 3/18/24 at 2:04 pm to
quote:

The roofer's lawyer is dragging everyone in to this b/c they know the builder isn't paying the full amount. Their hope is that you all settle so they can recover something. It fricking sucks and this is one of the reasons people hate lawyers.
Heaven forbid a lawyer do everything they legally and ethically can to represent their client.
This post was edited on 3/18/24 at 2:05 pm
Posted by oldcharlie8
Baton Rouge
Member since Dec 2012
7806 posts
Posted on 3/18/24 at 2:07 pm to
relax. atty's will sue everyone involved just in case. hell....i'm surprised they didn't add the shingle company and nail company in it.
Posted by DCtiger1
Panama City Beach
Member since Jul 2009
8778 posts
Posted on 3/18/24 at 2:07 pm to
And I’m telling you there’s no insurance policy that covers this. He will need his own representation
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 3/18/24 at 2:11 pm to
quote:

He will need his own representation


Well if he didn’t hire the builder, contractor or roofer I’d tell them to all go frick themselves.

I wouldn’t hire a lawyer
Posted by Indefatigable
Member since Jan 2019
26332 posts
Posted on 3/18/24 at 2:14 pm to
quote:

I wouldn’t hire a lawyer

Good way to find yourself on the wrong end of a default judgment or getting supremely screwed over if the subcontractor properly preserved their claim against the owner. Guy will need to answer and assert a claim against the contractor for indemnity.
This post was edited on 3/18/24 at 2:15 pm
Posted by Bjorn Cyborg
Member since Sep 2016
26776 posts
Posted on 3/18/24 at 2:16 pm to
quote:

I know the jokes write themselves, but is this a DR Horton or DSLD home?


These massive builders certainly have their quality issues, but they have too much at stake to pull this kind of move.

They would've had the clout to get the original roofer to go back out and fix the problem.
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 3/18/24 at 2:20 pm to
quote:

Good way to find yourself on the wrong end of a default judgment or getting supremely screwed over if the subcontractor properly preserved their claim against the owner. Guy will need to answer and assert a claim against the contractor for indemnity.


I would retain a lawyer but I’m not paying for him.
Posted by Cell of Awareness
Member since Jan 2024
129 posts
Posted on 3/18/24 at 2:37 pm to
quote:

quote:
The roofer's lawyer is dragging everyone in to this b/c they know the builder isn't paying the full amount. Their hope is that you all settle so they can recover something. It fricking sucks and this is one of the reasons people hate lawyers.
Heaven forbid a lawyer do everything they legally and ethically can to represent their client.




Immoral is ok though, right?
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105411 posts
Posted on 3/18/24 at 2:53 pm to
Not a lawyer and didn't stay at a Holiday Inn Express last night, but I drove by one today.

Run!
Posted by Gravitiger
Member since Jun 2011
10419 posts
Posted on 3/18/24 at 2:53 pm to
quote:

Immoral is ok though, right?

It's not immoral to file a plausible legal claim on behalf of your client who has done nothing wrong.
This post was edited on 3/18/24 at 3:31 pm
Posted by Indefatigable
Member since Jan 2019
26332 posts
Posted on 3/18/24 at 2:54 pm to
quote:

I would retain a lawyer but I’m not paying for him.

Donald?
Posted by rltiger
Metairie
Member since Oct 2004
838 posts
Posted on 3/18/24 at 3:26 pm to
how much are we talking?

Posted by Giantkiller
the internet.
Member since Sep 2007
20331 posts
Posted on 3/18/24 at 3:41 pm to
quote:

I'd say the builder and post his fricking office and cell phone, but am going to trust my gut and hold off given I'm a named party to this suit and don't want anything to come back and bite me in the arse.



I understand that. Still, you could kind of do it in a clandestine way. You say it isn't DSLD or DR so I'm assuming a smaller local builder.

I know one thing - these smaller developers rob peter to pay paul. He's probably bleeding to absolute death because he built some spec shite houses and now the bank is about to beat down the door.

At some point, you should go to Kiran or someone else local if you REALLY want to get the point across.
Posted by doublecutter
Hear & Their
Member since Oct 2003
6585 posts
Posted on 3/18/24 at 3:45 pm to
quote:

the roof was fixed last October


In Louisiana, I'm pretty sure that the time period for filing a lien is expired. I worked for a wholesale building materials distributor and we would strictly observe the time limits stated in the law and file a lien against the property. Filing a lien and notifying the property owner was most times enough to get payment.

DO NOT allow the roofing company to do anymore work on the roof. If they step foot on that roof to fix a leak, nail on a loose shingle, etc., it could restart the clock concerning the time limits.
Posted by Indefatigable
Member since Jan 2019
26332 posts
Posted on 3/18/24 at 3:45 pm to
quote:

At some point, you should go to Kiran or someone else local if you REALLY want to get the point across.

Going to the BBB and LA Contractor Licensing Board is also an option for this purpose.
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