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Started By
Message
Anybody ever lawyered up against a contractor?
Posted on 7/21/23 at 11:28 am
Posted on 7/21/23 at 11:28 am
Long story short, had a pool built last year (sorry no bikini pics of chicks here) and I still have lingering electrical items that need fixing and more importantly I appear to have a structure issue as my spa is visibly leaking on the side where the plumbing is. They have been MIA and non responsive.
Reputable pool builder that’s been around a while. I filed a complaint with the state board of contractors last week and waiting on them to reach out.
Before I lawyer up to turn up the heat some, what are the chances that I actually get any attorney costs back from the builder (assuming they don’t file a BK which I doubt).
Anybody have luck with getting these back?
Reputable pool builder that’s been around a while. I filed a complaint with the state board of contractors last week and waiting on them to reach out.
Before I lawyer up to turn up the heat some, what are the chances that I actually get any attorney costs back from the builder (assuming they don’t file a BK which I doubt).
Anybody have luck with getting these back?
9
Posted on 7/21/23 at 11:33 am to Im4datigers
Did you establish a contract? Did you hold 10% until work was complete?
Posted on 7/21/23 at 11:45 am to AUCE05
Yes we have a form contract. And despite being a construction lender for 25 years, no there was no retainage held back. They literally will not do the plaster and fill with water until you pay them that morning or before. Was non-negotiable with them and every pool builder up here.
Posted on 7/21/23 at 2:54 pm to Im4datigers
Normally a well craft letter from a lawyer scares most people into bending over.
Posted on 7/21/23 at 3:23 pm to I Love Bama
quote:
Normally a well craft letter from a lawyer scares most people into bending over.
Yeah meeting with an attorney next week to discuss options. I just don’t want to run up a huge attorney bill and not be able to recoup that money from the builder.
Posted on 7/21/23 at 3:28 pm to Im4datigers
quote:
I just don’t want to run up a huge attorney bill and not be able to recoup that money from the builder.
Try your local sheriffs office, may be able to start a fraud case. FYI - it's doubtful you'll ever break even.
Posted on 7/21/23 at 3:32 pm to Dock Holiday
quote:
Try your local sheriffs office, may be able to start a fraud case. FYI - it's doubtful you'll ever break even.
I was going to pay for it myself and then take them to small claims court myself (doubt they would even show up), but it looks like it’s more structural and minor so I’d like to pursue them a different direction first if possible before paying to have it fixed myself as it will involve digging up some of the pool decking.
Posted on 7/22/23 at 12:01 am to Im4datigers
It won't cost you a ton of money to hire an attorney and have them send a breach of contract demand letter to them repair the mistakes or you'll file a suit to seek damages. It's a bluff but may work. Actually litigating would be a big $ loser.
Posted on 7/22/23 at 2:07 am to Im4datigers
quote:
Im4datigers
Aren’t you in insurance?
Why not file a GL claim?
Get a cert of Ins before they began work?
Posted on 7/22/23 at 2:25 am to BamaCoaster
I feel like I hear these same stories on almost every pool contractor. I would definitely get with an attorney and let them tell you if the case is winnable.
If they don’t think it’s winnable, you could always try to get the news to do a report on it if the contractor is a big enough name that the news would be interested.
If all else failed, I would probably pay for a billboard out of my pocket just to blast the contractor. I know it probably wouldn’t do much as far as getting the problem fixed but it would make me feel better knowing I could hurt his business.
If they don’t think it’s winnable, you could always try to get the news to do a report on it if the contractor is a big enough name that the news would be interested.
If all else failed, I would probably pay for a billboard out of my pocket just to blast the contractor. I know it probably wouldn’t do much as far as getting the problem fixed but it would make me feel better knowing I could hurt his business.
Posted on 7/22/23 at 8:19 am to LSU1018
quote:
Aren’t you in insurance? Why not file a GL claim? Get a cert of Ins before they began work?
Yes, I have a certificate of insurance and will go this route as well if needed although it will likely be declined because property damage or bodily injury didn’t occur. Typically insurance isn’t covering faulty work.
Just trying to all my ducks in a row and options on the table to fully understand the most effective and cost beneficial at this point.
This post was edited on 7/22/23 at 9:07 am
Posted on 7/22/23 at 8:45 am to LSU1018
quote:
feel like I hear these same stories on almost every pool contractor
Every contractor period! They finish about 90% of the job and you never see them again without threats or legal steps. Most unreliable profession out there.
Posted on 7/22/23 at 10:26 am to Im4datigers
quote:
Before I lawyer up to turn up the heat some, what are the chances that I actually get any attorney costs back from the builder (assuming they don’t file a BK which I doubt).
Zero
0%
None
You need to worry about winning the lawsuit at all, and how much are the repairs exactly? You want to spend 10,000 on legal fee's for some electrical issues?
Posted on 7/22/23 at 12:04 pm to j1897
quote:
You need to worry about winning the lawsuit at all, and how much are the repairs exactly? You want to spend 10,000 on legal fee's for some electrical issues?
No electrical issues are minimal money. My raised spa is leaking which is likely to mean digging up if decking, stone etc. that’s not cheap.
Posted on 7/22/23 at 2:31 pm to Im4datigers
quote:
, what are the chances that I actually get any attorney costs back from the builder
Not very good. Your contract may have a provision that says in the event of litigation over breach the loser owes fees. Even with that, most disputes end in a Negotiated settlement that will not likely include the contractor paying your attorneys fees. Likely your best realistic scenario is they agree to fix the shite they messed up, and everybody pays their own fees.
Posted on 7/22/23 at 2:41 pm to Twenty 49
quote:
Likely your best realistic scenario is they agree to fix the shite they messed up, and everybody pays their own fees.
And then take them to small claims court to recoup?
Posted on 7/22/23 at 3:48 pm to Im4datigers
quote:
And then take them to small claims court to recoup?
No. I described a likely resolution of the entire dispute.
It’s just not very likely that the contractor is going to make things right AND pay your fees, even if the contract says loser pays fees. They’re ignoring you now, so there is little reason they will ever do more the minimum to resolve the dispute even if you file suit. Your mileage may vary.
Posted on 7/22/23 at 8:33 pm to Twenty 49
quote:
Likely your best realistic scenario is they agree to fix the shite they messed up, and everybody pays their own fees.
So you sound like you’ve been down this path before and/or are an attorney. What would you do in this case. How much in attorneys fees does something like this typically cost? I can’t just come out of pocket another $5k to $10k to dig up decking, fix pipes or whatever it is, and lay down concrete again.
Posted on 7/23/23 at 3:29 pm to Im4datigers
quote:
Yes we have a form contract.
Here’s your problem - your contractor has probably signed this form contract hundreds of times. You have signed it once.
This contract is going to be very contractor friendly, and all your claims are contractural. And you’ll need some type of third party report to proof there are actual defects.
So god speed. It sucks. But you are swimming in a lake not built for you.
Posted on 7/24/23 at 5:39 am to Im4datigers
quote:
What would you do in this case. How much in attorneys fees does something like this typically cost?
You should get a quote from someone to fix everything before making a decision. That will tell you if it’s worth it. You can evaluate as you go in the legal process. First step is sending a demand letter and seeing how that is received.
As far as cost, there’s no way to know the final once suit is filed. Limited discovery and then settlement? Probably $10k. Actually going to trial? Probably no less than 25-30k. That’s why it’s important to get the estimate of repair first so you can evaluate your costs on either end. If the cost is $5k or less, you’re almost always going to be better off just biting the bullet and fixing it rather than going the legal route.
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