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re: I'm being sued - question
Posted on 3/18/24 at 11:11 am to GentleJackJones
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
1
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 11:22 am to GentleJackJones
quote:
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.
I'm not an attorney, but if you have proof all that was already adjudicated along with signed paperwork by you and the original builder, I don't think you'll be liable.
Although, as others have said, homeowners bear the brunt of shady contractors all the time so who knows.
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 tgrbaitn08
quote:
Let your insurance company handle it...they have lawyers
And under what coverage would this apply?
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.
Posted on 3/18/24 at 11:41 am to Bjorn Cyborg
quote:
I think due to the tradesman laws, the homeowner is ultimately responsible if the contractor doesn't pay.
This would be terrible if so. The builder hires a roofer. There was no contract with the homeowner.
If there is such laws, I guess you’d have to go back to the purchase contract to get the homeowner on the hook? Interested to hear what a lawyer says.
Posted on 3/18/24 at 11:42 am to DevilDagNS
quote:
And under what coverage would this apply?
No idea. Maybe an umbrella policy, homeowners or builders insurance. Maybe the bank that gave the loan?
I’m sure there’s something out there if he was smart to protect the homeowner in case this situation happens
Posted on 3/18/24 at 11:46 am to Indefatigable
You bought a DSLD home didn’t you
Posted on 3/18/24 at 11:48 am to Cell of Awareness
quote:
Cell of Awareness
Not sure what jurisdiction you're in, but in Texas the elements are:
One party receives a benefit from another party;
The benefit was conferred at the detriment to the other party; and
There was no contract between the parties.
Seems like OP is squarely with the elements at least in Texas.
Posted on 3/18/24 at 11:48 am to Indefatigable
quote:
Hire
Ask OT before you have to pay a lawyer
Posted on 3/18/24 at 11:52 am to GentleJackJones
prayers sent
This post was edited on 4/3/24 at 7:34 am
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