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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 10:59 am to Bjorn Cyborg
it would not a be a surprise if that was the case - the laws against homeowners are horribly stacked against us.
Posted on 3/18/24 at 11:00 am to Bjorn Cyborg
The settlement money wasn't to repair the roof?
Posted on 3/18/24 at 11:01 am to Thracken13
This seems no different than a standard contractor situation where he doesn't pay the subcontractor, thus causing a lien/liability issue with the homeowner.
Posted on 3/18/24 at 11:02 am to JDPndahizzy
What settlement money? I thought all the guy got was a settlement "agreement"
Posted on 3/18/24 at 11:02 am to tgrbaitn08
quote:
Let your insurance company handle it...they have lawyers
quote:
tgrbaitn08
Posted on 3/18/24 at 11:06 am to JDPndahizzy
The settlement agreement wasn't money to repair the roof. The settlement agreement got our legal fees back, but it was for the builder to hire an independent, licensed roofing contractor to repair the roof, at the builder's sole cost, within a certain time - all of which was done. The builder just didn't pay the roofers apparently (the roof was fixed last October) - and we are now getting notice of the lawsuit recently filed.
This post was edited on 3/18/24 at 11:08 am
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 11:07 am to GentleJackJones
quote:
The builder just didn't pay the roofers apparently.
how much money we talking about?
Posted on 3/18/24 at 11:08 am to Chad504boy
18k
Posted on 3/18/24 at 11:08 am to MardiGrasCajun
quote:
Contractors are the worst people in business regardless of trade. Always screwing people.
That's why in the settlement, I demanded another roofing company perform the repairs, at the builder's sole cost. Couldn't trust the builder...as it now shows...
Posted on 3/18/24 at 11:09 am to GentleJackJones
quote:
The settlement agreement wasn't money to repair the roof. The settlement agreement got our legal fees back, but it was for the builder to hire an independent, licensed roofing contractor to repair the roof, at the builder's sole cost, within a certain time - all of which was done. The builder just didn't pay the roofers apparently (the roof was fixed last October) - and we are now getting notice of the lawsuit recently filed.
Got it.. I should have read slower.. Hope it works out for you. Contractors are the worst!!
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?
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