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re: I'm being sued - question
Posted on 3/18/24 at 12:42 pm to logjamming
Posted on 3/18/24 at 12:42 pm to logjamming
Attorneys don’t care if you are responsible. They throw everyone they can in the lawsuit and hope for some $$$.
I had a woman trip on the sidewalk in front of our house. It’s the cities sidewalk, not mine. I had no trees or anything to disturb it. Kept the yard cut and sidewalk edged. I had zero responsibility to fix it unless I caused its disrepair. The city sewage line cracked causing it to sink.
But, I was sued. I won, but I lost my homeowners insurance and had to scramble to find another.
Good luck. Hope you win.
I had a woman trip on the sidewalk in front of our house. It’s the cities sidewalk, not mine. I had no trees or anything to disturb it. Kept the yard cut and sidewalk edged. I had zero responsibility to fix it unless I caused its disrepair. The city sewage line cracked causing it to sink.
But, I was sued. I won, but I lost my homeowners insurance and had to scramble to find another.
Good luck. Hope you win.
0
Posted on 3/18/24 at 12:43 pm to GentleJackJones
Report this to your ins co -- duty to defend is broad so possibly allegations in petition would trigger this and your ins co would hire atty to defend you.
Posted on 3/18/24 at 12:43 pm to Hangover Haven
quote:Just curious, how is he screwed based on this?
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.
The roof was already repaired, so no worries/delays on that. And your story ended with the girl being cleared, so if it goes the same way, it'll be a hassle for sure, but he won't get screwed, considering that insinuates he'll lose a lawsuit.
Posted on 3/18/24 at 12:46 pm to MardiGrasCajun
quote:
Contractors are the worst people in business regardless of trade. Always screwing people.
I thought it was car dealerships???? OT needs to get their shite together.
Posted on 3/18/24 at 12:53 pm to shel311
quote:
Just curious, how is he screwed based on this?
Because the contractor didn’t pay for work done by a sub. It’s basically the same situation, but different work done. It took her two years to deal with the lien on her house before it was finally cleared and the sub was finally paid.
He’s being screwed because the contractor didn’t pay on work done by a sub.
This post was edited on 3/18/24 at 12:58 pm
Posted on 3/18/24 at 12:56 pm to SixthAndBarone
quote:
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.
I am
also not a lawyer, but not sure you are to blame. You have the settlement agreement. And presumably still have the same lawyer.
Posted on 3/18/24 at 1:06 pm to GooDat
quote:
Contractor is a representative of the homeowner.
The homebuilder is not a contractor and does not represent the homeowner, in this case. The homebuilder was ordered ,under a signed settlement, to repair the roof.
This post was edited on 3/18/24 at 1:07 pm
Posted on 3/18/24 at 1:18 pm to tgrbaitn08
quote:
Let your insurance company handle it...they have lawyers
Not insurance related whatsoever
Posted on 3/18/24 at 1:21 pm to DCtiger1
quote:
Not insurance related whatsoever
You can get insurance for whatever you want
Just like you sue for whatever you want.
Posted on 3/18/24 at 1:23 pm to Hangover Haven
If the contractor did get paid and didn't pay the sub , that is contractor fraud and it is a criminal offense.
Posted on 3/18/24 at 1:25 pm to tgrbaitn08
And what insurance would cover something such as this?
This isn’t a covered peril for the Homeowners, and it doesn’t fall under a liability umbrella either. That wipes out 99% of people
This isn’t a covered peril for the Homeowners, and it doesn’t fall under a liability umbrella either. That wipes out 99% of people
Posted on 3/18/24 at 1:31 pm to DCtiger1
I don’t know. You’d have to look at your policies, exposer, maybe a friend that’s a lawyer. Etc, adults know how to navigate these issues before just going out and Willy nilly hiring a lawyer when you don’t have to.
Posted on 3/18/24 at 1:33 pm to OldNo.7
quote:
Christ, did they have to re-roof the whole damn thing?
Pretty much. Basically a whole new roof
Posted on 3/18/24 at 1:34 pm to tgrbaitn08
quote:
adults know how to navigate these issues before just going out and Willy nilly hiring a lawyer when you don’t have to.
If a subcontractor has a claim against the homeowner for nonpayment of the contractor, or has filed a lien, etc., the guy is going to need a lawyer.
Posted on 3/18/24 at 1:35 pm to SmoothBox
quote:
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.
LA. I think I'm going to have to. Just trying to avoid the additional costs even though I got reimbursed for my fees last time
Posted on 3/18/24 at 1:35 pm to GentleJackJones
quote:
We recently purchased a brand new construction home
is this in BR?
Posted on 3/18/24 at 1:37 pm to GentleJackJones
What does your original lawyer say about all this? Shouldn’t you be asking him?
Posted on 3/18/24 at 1:37 pm to GentleJackJones
quote:
we never contracted with the roofing company to perform the repairs
Their lawyer knows that the contractor is a deadbeat and can't afford to pay, so he is suing everyone under the sun in hopes that someone somewhere will cave in and just settle so his client (and himself) can get some money.
Play the game at their level: countersue.
Posted on 3/18/24 at 1:43 pm to SixthAndBarone
quote:
This would be terrible if so. The builder hires a roofer. There was no contract with the homeowner.
This is ALWAYS the case when you hire a contractor. There is never a contract between the homeowner and the subs, yet the homeowner is ultimately responsible.
I got sued 25 years ago because I had a fence built and the contractor never paid the lumber yard. The lumber yard had my address, because the materials were delivered to my house. I had to pay for it. Luckily, it was not that much and I learned a lesson.
I never had a contract with the lumber yard, yet I still had to pay.
Posted on 3/18/24 at 1:48 pm to GentleJackJones
I would imagine that they could still put a lien on your roof thus your property- I’d suggest talking to an attorney
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