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Message
I'm being sued - question
Posted on 3/18/24 at 10:55 am
Posted on 3/18/24 at 10:55 am
A whole crock of shite, but I'll give you the big details:
-We recently purchased a brand new construction home.
-We had defects arise with the roof (I had an independent, third party confirm as such).
-We gave timely, formal written notice per the warranty we received.
-Builder acknowledged receipt of the warranty demand, came out to inspect, and said he "got it on the schedule."
-Builder never performed the repairs.
-Warranty lapses, and we get an attorney and sue the builder. We never had to go to court and entered into a settlement agreement.
-Builder hires another roofing company to perform the repairs.
-Roofing company successfully repairs roof.
-Evidently, builder never paid the roofer and now the builder is being sued and we are also being sued and are a defendant for "unjust enrichment".
-Mind you, we never had a contract with the roofing company that performed the repairs.
Is this lawsuit against us, as homeowners, for unjust enrichment valid? Is the settlement agreement something I can present to the court? As mentioned, we never contracted with the roofing company to perform the repairs, that was all done with the contractor and the roofer. Hell, I didn't even know the roofing company's name until served with the suit.
-We recently purchased a brand new construction home.
-We had defects arise with the roof (I had an independent, third party confirm as such).
-We gave timely, formal written notice per the warranty we received.
-Builder acknowledged receipt of the warranty demand, came out to inspect, and said he "got it on the schedule."
-Builder never performed the repairs.
-Warranty lapses, and we get an attorney and sue the builder. We never had to go to court and entered into a settlement agreement.
-Builder hires another roofing company to perform the repairs.
-Roofing company successfully repairs roof.
-Evidently, builder never paid the roofer and now the builder is being sued and we are also being sued and are a defendant for "unjust enrichment".
-Mind you, we never had a contract with the roofing company that performed the repairs.
Is this lawsuit against us, as homeowners, for unjust enrichment valid? Is the settlement agreement something I can present to the court? As mentioned, we never contracted with the roofing company to perform the repairs, that was all done with the contractor and the roofer. Hell, I didn't even know the roofing company's name until served with the suit.
This post was edited on 3/18/24 at 11:01 am
48
Posted on 3/18/24 at 10:56 am to GentleJackJones
quote:You’ve come to the right place
I'm being sued - question
Posted on 3/18/24 at 10:56 am to GentleJackJones
I'm no lawyer but I would assume you will not be at fault for any of this. Sucks you have to deal with it though.
Posted on 3/18/24 at 10:57 am to GentleJackJones
Not a lawyer, but I think due to the tradesman laws, the homeowner is ultimately responsible if the contractor doesn't pay.
This post was edited on 3/18/24 at 10:58 am
Posted on 3/18/24 at 10:58 am to GentleJackJones
quote:
-We recently purchased a brand new construction home.
-We had defects arise with the roof
This is what you get for going against OT rules and purchasing a DR Horton.
Posted on 3/18/24 at 10:58 am to GentleJackJones
quote:
-We recently purchased a brand new construction home.
-We had defects arise with the roof (I had an independent, third party confirm as such).
-We gave timely, formal written notice per the warranty we received.
-Builder acknowledged receipt of the warranty demand, came out to inspect, and said he "got it on the schedule."
-Builder never performed the repairs.
-Warranty lapses, and we get an attorney and sue the builder. We never had to go to court and entered into a settlement agreement.
-Builder hires another roofing company to perform the repairs.
-Evidently, builder never paid the roofer and now the builder is being sued and we are also being sued and are a defendant for "unjust enrichment".
-Mind you, we never had a contract with the roofing company that performed the repairs.
Is this lawsuit against us, as homeowners, for unjust enrichment valid? Is the settlement agreement something I can present to the court? As mentioned, we never contracted with the roofing company to perform the repairs, that was all done with the contractor and the roofer. Hell, I didn't even know the roofing company's name until served with the suit.
Let your insurance company handle it...they have lawyers
Posted on 3/18/24 at 11:06 am to GentleJackJones
I'm no lawyer, but I'd say you'll get at least 5 years in prison.
Posted on 3/18/24 at 11:07 am to GentleJackJones
Contractors are the worst people in business regardless of trade. Always screwing people.
Posted on 3/18/24 at 11:09 am to GentleJackJones
quote:
Is this lawsuit against us, as homeowners, for unjust enrichment valid? Is the settlement agreement something I can present to the court?
Garcia is doing the frickin again, eh?
Posted on 3/18/24 at 11:11 am to GentleJackJones
If their only complaint in the suit against you is "unjust enrichment" then it should be easily dismissed so long as you live in a state where the Judges care about the law. In Louisiana, you will eventually be dismissed but they will leave you dangling in limbo for some time.
There are two unjust enrichment elements that must exist in order for an unjust enrichment claim to succeed:
Consideration – There must have been some consideration – a payment, or transfer of property, between the claimant and the defendant.
Unjust Factor – There must exist an unjust factor that spoiled the claimant’s initial intention in doing business in good faith with the defendant.
In my opinion the first may not exist as you did not benefit but were made whole. And the second does not exist.
There are two unjust enrichment elements that must exist in order for an unjust enrichment claim to succeed:
Consideration – There must have been some consideration – a payment, or transfer of property, between the claimant and the defendant.
Unjust Factor – There must exist an unjust factor that spoiled the claimant’s initial intention in doing business in good faith with the defendant.
In my opinion the first may not exist as you did not benefit but were made whole. And the second does not exist.
This post was edited on 3/18/24 at 11:12 am
Posted on 3/18/24 at 11:11 am to GentleJackJones
Seriously, you need to read your warranty and your contract with the builder.
If you have a mortgage on the place - let the lender know. They have an interest in avoiding an M&M lien.
If you have a mortgage on the place - let the lender know. They have an interest in avoiding an M&M lien.
Posted on 3/18/24 at 11:16 am to GentleJackJones
No good ever comes from posting about this stuff on the internet during active litigation.
Maybe nothing bad comes from posting about it, sure, but nothing good ever happens.
Maybe nothing bad comes from posting about it, sure, but nothing good ever happens.
Posted on 3/18/24 at 11:16 am to GentleJackJones
quote:
A whole crock of shite, but I'll give you the big details:
-We recently purchased a brand new construction home.
-We had defects arise with the roof (I had an independent, third party confirm as such).
-We gave timely, formal written notice per the warranty we received.
-Builder acknowledged receipt of the warranty demand, came out to inspect, and said he "got it on the schedule."
-Builder never performed the repairs.
-Warranty lapses, and we get an attorney and sue the builder. We never had to go to court and entered into a settlement agreement.
-Builder hires another roofing company to perform the repairs.
-Roofing company successfully repairs roof.
-Evidently, builder never paid the roofer and now the builder is being sued and we are also being sued and are a defendant for "unjust enrichment".
-Mind you, we never had a contract with the roofing company that performed the repairs.
First thing that popped into my head was DR Horton...
Did you make the mistake of buying a DR Horton construction.
Posted on 3/18/24 at 11:19 am to GentleJackJones
I’m no lawyer, but common sense tells me you’re in the clear if everything you said is accurate.
Especially this:
I’m sure they’re just naming everyone in the suit to begin with to cover bases, but you’ll eventually be removed from it.
As someone else stated, still a hassle to deal with but I doubt you end up on the hook for anything.
Especially this:
quote:
Mind you, we never had a contract with the roofing company that performed the repairs.
I’m sure they’re just naming everyone in the suit to begin with to cover bases, but you’ll eventually be removed from it.
As someone else stated, still a hassle to deal with but I doubt you end up on the hook for anything.
This post was edited on 3/18/24 at 11:21 am
Posted on 3/18/24 at 11:20 am to GentleJackJones
Have sex with the builder and the roofer's wives, at the same time if possible. They'll know your name.
Posted on 3/18/24 at 11:24 am to GentleJackJones
Name of builder please? So no one else here has to get this POS
Posted on 3/18/24 at 11:26 am to GentleJackJones
quote:
GentleJackJones
I knew brown-eyed women and red grenadine would finally be your downfall.
Posted on 3/18/24 at 11:28 am to GentleJackJones
I'm no lawyer, but it sounds to me that you better pucker your cornhole. Remember - kick someone's arse on the first day. Don't let it be the smallest guy there, but it doesn't have to be the biggest guy either. Just make them think you are one crazy mother fricker.
Posted on 3/18/24 at 11:39 am to GentleJackJones
quote:
Is this lawsuit against us, as homeowners, for unjust enrichment valid?
Unfortunately you're screwed...
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.
This post was edited on 3/18/24 at 11:44 am
Posted on 3/18/24 at 11:40 am to GentleJackJones
Write em a check for $350. Put paid in full in the memo.
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