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re: I'm being sued - question
Posted on 3/18/24 at 11:55 am to Pvt Hudson
Posted on 3/18/24 at 11:55 am to Pvt Hudson
nooooooooo,,,, do not tell the lender. they will force you into an escoro account that will cause you to come up with the 18,000 to fund it immediately
0
Posted on 3/18/24 at 11:56 am to GentleJackJones
quote:
A whole crock of shite, but I'll give you the big details:
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.
years ago, I was dragged into a lawsuit b/t a homeowner and a builder. I never met the homeowner, didn't work for them or anything. But his lawyer sued everyone they could attach to the project. By the time it was over, the only people who came out ahead were the attorneys for the homeowner and contractor. They milked the shite out of everyone.
Posted on 3/18/24 at 11:56 am to GentleJackJones
quote:
Warranty lapses, and we get an attorney and sue the builder. We never had to go to court and entered into a settlement agreement
Did you contact the attorney and tell him abut the lawsuit?
What did he say?
I bet that once this lawyer finds out the settlement went bad then he will start to avoid you.
Find another attorney who will sue the contractor to enforce the settlement and sue the first lawyer for malpractice.
Posted on 3/18/24 at 11:57 am to tgrbaitn08
quote:
Let your insurance company handle it...they have lawyers
Not how this works
Posted on 3/18/24 at 12:01 pm to GentleJackJones
quote:
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...
Why wasn't the settlement set as payment for the estimated cost of repairs? If the builder fricked up the work originally and resulted in the original suit, I wouldn't have let them or their sub near my house.
Posted on 3/18/24 at 12:03 pm to GentleJackJones
Sad that everyone thinks they can hit the jackpot suing everybody now. I blame a lot of this on governor Gordon and his lawsuit culture that he introduced to the state
This post was edited on 3/18/24 at 12:09 pm
Posted on 3/18/24 at 12:03 pm to GentleJackJones
quote:
Builder never performed the repairs.
Welcome to America. Contractors are absolutely worthless.
Posted on 3/18/24 at 12:13 pm to GentleJackJones
Not the same, but I remember a neighbor had a lien on his home by the lumber yard as the contractor skipped town.
To add insult to injury, one of then owners / family members involved in the lumber yard was also a neighbor of the aforementioned neighbor.
That was awkward.
To add insult to injury, one of then owners / family members involved in the lumber yard was also a neighbor of the aforementioned neighbor.
That was awkward.Posted on 3/18/24 at 12:14 pm to GentleJackJones
quote:
18k
Christ, did they have to re-roof the whole damn thing?
Posted on 3/18/24 at 12:16 pm to When in Rome
quote:As a sovereign citizen, you have the right to demand arbitration at the nearest Sonic parking lot.
You’ve come to the right place
Posted on 3/18/24 at 12:18 pm to Bjorn Cyborg
quote:
I think due to the tradesman laws, the homeowner is ultimately responsible if the contractor doesn't pay.
this ^^^^^^^
yes it sicks, but this is the law
you will have to pay the contractor and then you have to sue the builder to get your moneyback plus extra for your troubles
YOU SHOULD GET A GOOD FRICKING LAWYWER RIGHT AWAY
there might be timing issues with all this that you need lawyers to avoid those traps
Posted on 3/18/24 at 12:18 pm to SixthAndBarone
(no message)
This post was edited on 4/21/24 at 11:15 am
Posted on 3/18/24 at 12:20 pm to OldNo.7
Was a wind storm certification done to certify work was done proper, as the work was being done? Building permit in texas coastal area requires certification.
inspector would be an active participant in settlement process
inspector would be an active participant in settlement process
Posted on 3/18/24 at 12:25 pm to Tortious
quote:
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.
A couple of issues. One being was there a contract between the builder and the roofer? And a contract can be implied. As there are three parties involved, a contact can most certainly be implied between the builder and the homeowner. The homeowner also received no "unexpected benefit" as is oft present in these suits. No competent jurist would rule against the homeowner. Sadly, there are fewer and fewer competent jurists.
This post was edited on 3/18/24 at 12:29 pm
Posted on 3/18/24 at 12:27 pm to GentleJackJones
You need to hire a lawyer ASAP, but this likely hangs on whether or not the sub placed a valid lien on the property. There are strict time limits and most of them frick it up. Absent a valid lien or a direct contract with you, their recovery would likely be limited to the builder under the PWA. If there’s a valid lien, you may have to saddle up for the long haul and third-party the builder into the suit. No matter what, you need an attorney because your clock is ticking.
Posted on 3/18/24 at 12:28 pm to GentleJackJones
What state are you in?
I know where I live in Minnesota if this were to happen, you’re going to be responsible for the payment and then you would have to go after the prime contractor to get your money. Contractor laws vary from state to state.
Regardless I would at a minimum consult with an attorney on this matter.
I know where I live in Minnesota if this were to happen, you’re going to be responsible for the payment and then you would have to go after the prime contractor to get your money. Contractor laws vary from state to state.
Regardless I would at a minimum consult with an attorney on this matter.
Posted on 3/18/24 at 12:34 pm to GentleJackJones
Who is the plaintiff’s attorney?
Posted on 3/18/24 at 12:39 pm to GentleJackJones
Report the builder to the state licensing board. File official complaint against the builder. He may have been required to post some type of insurance bond before being licensed by the state.
Posted on 3/18/24 at 12:40 pm to BowDownToLSU
quote:
Name of builder please? So no one else here has to get this POS
This. Remember, you don’t owe this motherfricker anything. Destroy him!
Posted on 3/18/24 at 12:40 pm to GooDat
quote:
Contractor is a representative of the homeowner. It does not matter if you signed anything or not. If the contractor does not pay you can either pay it and go after the contractor or have a lien placed on your house. It sucks but we have to sue homeowners all the time when their contractor does not pay for the lumber package.
How does that work if the contractor is also a developer? OP’s phrasing of “we purchased a brand new construction home” makes it sound like a DSLD/Horton type of situation. Would buying a completed home (with a warranty) from a developer be a different scenario than contracting with a typical GC?
Maybe there’s no difference, I’m just curious. My guess is that it’s the same since the lien is filed against the property, not the owner. But it sounds like a potentially messy situation all around.
I guess there is one upside if it is DSLD/DR Horton/etc. - at least you know they have assets and aren’t likely to just close up shop and disappear.
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