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deadshank

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Posts posted by deadshank

  1. 44 minutes ago, Tonesky said:

    That is not a construction defect.  It is simply theft/fraud.  The real problem is that thieves are always broke.  He is not putting the stolen funds into his brokerage account....  Even if you get a judgment, you can't collect.  And, odds are that law enforcement will say its a "civil issue," and you should go hire an attorney.  Sorry for their trouble.

    Misspending trusted funds is a felony. 

    • Hook 'Em 1
    • Like 1
  2. 31 minutes ago, Fastbreak said:

    Thanks for all the great responses!

    The main issue was the flooring. They installed super fast, so fast that they floored over the drain in the utility room. Once that was fixed we noticed that the floor was not leveled and shortly afterwards started to warp. They blamed moisture. We brought in an inspector who said no moisture and “why didn’t you add a moisture barrier anyway?” At first they agreed and said they would fix it. After a few months of delay they claimed the inspector was biased, but said they would still “make it right”. Then again Crickets. We brought in the flooring manufacturer. They said it was an install problem. Crickets. We brought in a city inspector and he said no moisture (and off the record said the floor was a terrible install).

    The 20k is what it costs to redo the work. There is no pork there.

    Almost every bit of work they did was shoddy, late and with no follow up. Promises of “we will be out there tomorrow to fix it” turned into months. The painting, the tiling, the doors (1 inch open gap on the front door for example, that they did fix after 2 months). But the flooring is all we are trying to have fixed.

    14f6c2e51045e8428d7a3e2c77168161.jpg
    Example of some of their fine tiling work in the master shower

    Your stuff is jacked  up and you had a not-very-good contractor.  They should make it right by replacing or paying you.  I hope you get what you deserve.  You did your homework and are showing us actual and quantifiable evidence of improper work.  There seems to be nothing subjective or cosmetic about this.

    • Like 1
  3. 45 minutes ago, Tonesky said:

    Yes, my hypothetical describes a breach of contract (among other things), but the RCLA still controls all residential construction claims, and the recent RCLA amendments seem to bar claims for cosmetic issues.   

    Cosmetic issues (such as painting and "eye of the beholder" type items) are extremely difficult and too subjective to quantify.  

    I get this quite frequently: 

    Customer: "I don't like the way it looks."

    deadshank: "These products are exactly per the selections you made.  What about the looks do you not like?"

    Customer: "I don't know.  It just doesn't look right."

    deadshank:  "Is it the color, the shading, the texture, the depth, the reveal, the flashing, the slate / shingles / roof tile?"

    Customer: "I don't know. It just doesn't look right."

    deadshank:  "Uh, okay.  What do you want me to do?"

    Customer:  "I don't know but I'm not happy."

    Where do we go from here?  Do I replace everything on my own dime?  What do I replace the existing with? Heck, the PO can't put into words what the problem is nor what they want to do?  Do we go directly to lawsuit?

     

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    • Rage+1 1
  4. 20 minutes ago, KYHorn said:

    I have no idea about any of this so excuse any ignorance, but does this mean that if my roofer were to use some hideous shingle design/color that was different than what we agreed to, I would have no legal recourse?

    If it is documented agreed to and then not met that would be a breach of contract.    

  5. 31 minutes ago, Tonesky said:

    Nope, the 2023 amendments to the RCLA are objectively for the benefit of contractors.  For claims arising on or after 9/1/2023, contractors are liable only for (1) actual physical damage to the residence, (2) actual failure of a building component to perform its intended purpose, and (3) verifiable danger to the safety of occupants.  It will take some time for the Texas Supreme Court to fully body slam plaintiffs who seek to push the limits of what this means, but many expert commentators (not me) suggest that claims for cosmetic issues, not matter how extreme or extensive, are gone.  Also, a separate bill shortened the statute of repose for architects and engineers....

     

    PS - I am not a plaintiff lawyer.  I do commercial litigation and represent both plaintiffs and defendants.  If a builder came to me with a lawsuit filed by a homeowner who failed to follow the RCLA notice requirements, or contractual pre-suit ADR requirements, I would be perfectly happy to spank the homeowner.

    1.) Actual

    2.) Actual

    3.) Verifiable

     

    Seems reasonable and to level the playing field.   Not necessarily worse for the consumer but they have to back up a claim with facts.  

  6. 6 minutes ago, Bevo said:

     

    If I remember correctly, this was the same poster who had the stair railing installed that was out of code. I think you were on that thread, but it has been a long time.

    Could be.  
     

    Im not saying OP is wrong.   I have no idea.   
     

    I do run across some really crazy and conniving property owners that are completely dishonest. 

    Of course, there are dishonest, crook contractors.    
     

    It is the world we live in. 

    • Hook 'Em 4
  7. 32 minutes ago, Tonesky said:

    Indeed.  And, thanks to the latest changes to the Act, things are now significantly worse for consumers with claims arising on or after 9/1/2023.  If OP's issues first arose after 9/1/2023, I'll double down on my suggestion OP take the money and run.

    The OP needs to abide by the rules and the contract, as does the builder / remodeler.  

    I'm a contractor (a roofing and sheet metal contractor and a separate home building company).  Hauling off and suing a contractor is not per the law.  The law indicates the HO needs to follow procedure with any claim (construction defect or warranty).  The contractor has to be allowed inspection and the opportunity to make things right.   I have no idea if the OP has done this or not.  

    I've been sued and have also had HO's insurance carrier subrogate against our GL insurance policy and all with absolutely ZERO notice per the law.  Claims were alleged after repairs were made with no evidence of necessity and no regard for lawful procedure.  "We didn't contact you because we wanted to get it done because so and so said it was a problem.  Please write us a check for X amount of dollars."

    Nope.  Not going to do it.  All evidence of alleged claim is gone.  Responsibility of alleged claim was not clear.  Sue everyone and get money.  

    I hope the OP, if correct in his claim, gets his day in court and the contractor makes things right.  

    The notion of "things are now significantly worse for consumers with claims" is a matter of perspective.  Perhaps it is time for property owners to follow the contract and the law.

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  8. I’m not making light of your problem.

    Suing “for major problems” equaling $20K?   How did you come up with that number?

    What was your original contract amount?

    Is this a construction defect claim or a warranty claim?

    Whose contract did you use?

    Did both parties follow the contract?

    Is there a section for dispute resolution?  What does it say?

    As Tonesky mentioned, did you provide legal notice and access per the law?

     

    • Hook 'Em 3
  9. 3 hours ago, DallasSooner said:

    Yeah; that's rough looking box of food.  Might have been delicious, but yikes. 

    Presentation in stryrofoam always increases a restaurant’s Michelin rating.  

    • Like 1
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