Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Defects Questions
All Status
Defects
All States
I am the homeowner. I hired a contractor (December 2019) to build a pool (finished April 2020). Just a few weeks after built the pool cracked. The pool was drained and patched but the crack re-appeared (May 2020). The pool was then drained again (July 5th 2020) for another patch (which was never done because the pool got demolished). After insisting to the contractor that the concrete was not strong enough we did some core strength tests which confirmed my suspicions. Then a soil test was performed by an engineer which recommended tearing down the pool and rebuilding it with extra concrete strength and a subdrain under the pool due to the type of expansive soil I live in.
The concrete company filed a claim to their insurance but did not proceed because the insurance company said that this was a bad workmanship issue which should be covered by the warranty.
Now, after 6 months since the pool was last drained, the contractor is asking me to pay for the difference between the original pool design and the one recommended by the soil engineer (about 1/3 of the original contract amount).
We are currently with an open hole in the ground after the pool was demolished, we are ready to proceed but I find the extra cost being the blocker. If it was included in the original quote I would have been able to make a conscious decision and commit to it, but right now I feel that I don't have that many options.
I have asked the contractor for a reduced extra cost but he insists that I should pay for all of the new extra costs.
Also wondering, can I sue the contractor after re-building the pool for any damages? such as loss of use, emotional stress, my extra time dealing with the situation, money loss (I could rent the pool and get some income), others.
CaliforniaI have paid a contractor to finish my basement. He has stated he under bid the job so he preformed sub-prime work. He has not finished the job, the job he had done is terrible. Now I've lost the power in the room he has finished. He demanded I pay cash, my fault, which I do have bank statements. What recourse do I have. There were never any permits. Please help
UtahI recently involved a roofing contractor to tear off, replace 5 worn out pieces of sheeting, flash my chimney and clean up the entire mess.
Unfortunately, the job was performed poorly. From the drip edge being improperly installed, the sheeting cut short and installed leaving rafter exposed, chimney flashing installed incorrectly, the roof turbine is installed wrong and a less then acceptable clean up effort.
I have paid no money. I would like the job done correctly, to industry standards.
I’ve tried to communicate with the business president. No success. Can I hire another contractor to fix this mess and deduct it from the bill?
KansasHired roofing contractor (Florida) for new flat roofs June 2019. Job was permitted but I didn't get a copy of the Certificate of Insurance. Roof has now leaked multiple times. June 2020 had a major leak in three rooms that resulted in a $50K claim against my insurance company. Claim paid, interior repaired - floors, walls and ceiling October 2020. One week after repairs completed, flat roof leaks again. Ceilings damaged. I contacted Owner of Roofing company and he is giving me the run around. I want a new flat roof and I want to make a claim against their company. Where do I startlegally?
FloridaI am a licensed Plumber, worked with JN Plumbing Heating & Cooling I been domiciled and had wrote a itemized bill and landlord changed shook my hand and I did all Plumbing in unit, only had vandleism and my plumbing truck was distroyed, I would not want to file a lien but my police report of hate, distruction is not acceptable, I want to file a mechanics lien after hate crime and it's over $14,009.77 Itemized bills and noterized.
Licenced plumber,
John & Jeff Naclerio Spitzer NYS#Ol95489
FloridaI have question. I'm homeowner, and found contractor through Craigslist for bathtub refinish in my property. I paid deposit and left technician alone on my property, and back when he called me and said work is done. But it was not, he didn't done it, he ruined my bathtubs at all, also floor near bathtubs was in paint. He said if I would not pay to him - he will put mechanics lien on my house. So how's relevant is it? From his side - he did his job, but from my side, he ruined everything and I need to replace a bathtub. I already did couple estimation with others construction after this incident.
From my side I have lost (deposit, my time, my bathrooms), from his side - he spend time and paint. So Is it eligible to put a lien on someone property without court decision?
IllinoisI have signed a contract with a builder, and have an allowance for timber floorboards ($5k).
I was instructed to select floorboards from a local store by the builder, and did so. The floorboards were subsequently discovered by myself to be the wrong colour during our final inspection.
Is my remediation to be made against the builder, or the local store?
Thanks,
George
KansasI am a contractor and I own a granite counter-top company in Kansas. I had recently completed a job for a residential customer in Missouri. Customer(homeowner) is trying to sue me in small claims court for defects and damages. Customer did sign a contract with my company (RockStar Granite LLC). Well I got served the papers and on the paper she is suing me personally and not my business. What are my options? Could judge dismiss the case?
KansasWhen a construction contract is terminated out of convenience, does the builder still have the opportunity to attend site to rectify any defects? or must pick up the bill from the client who contracted others to carry out the remedial work, despite there even being warranties in place.
CaliforniaWe received a secondary notice of defect under ORS 701.565. We supplied construction co w/ materials over 1 yr ago and our invoices and packing slips all have stated notices of claims needing to be made within 5 business days of receipt of the products. The complaint assessment detail has no mention or photos of defective materials that we can find or see; the complaint notates poor installation and damage from not protecting surfaces throughout construction - all of which occurred after receipt of goods. How do we write a request for visual examination of the residence and who do we send it to? Do we send it to the attorneys involved or the homeowners directly? Do we need an attorney to do this for us? If so, do we get reimbursed legal fees if we are found not liable? Not sure how this all works. Thank you.
OregonWisconsin right to cure law enacted in 2005 I believe. I have a customer who is unhappy with tile grout install and has withheld final payment. They have stated that they are not going to allow me the right to cure. Do I have the right to cure?
WisconsinThe contractor provided no information on the verification page as to what information or documentation he used to justify the mechanic's lien (the lines were left blank.) I know I can demand itemization, but hiring a lawyer to would cost $$$, and itemization doesn't seem to be the same thing. That is, the blanks should have been filled with things like "contract" or "change orders" or "verbal agreements."
New YorkA contractor did not provide the name and address of his company's registered agent on a mechanic's lien. The contractor's company is a corporation, and the registered agent is in another city.
New YorkHi what happens if someone files a lien but they didn't finish all the work and also did a very bad job
that you had to do over much of what they damaged?
IndianaThe contract I signed was 33k after OH and taxes. The start date was never filled in, and there was no end date for the project specified in the contract. The contractor said it would be a 3-week project in e-mail. It is now on month 8. The contractors claimed that the delays are caused by subcontractors not wanting to work where my property is located or in a condo (my property is a condo, therefore abide by commercial rules).
I provided a punchlist which they agreed to (on e-mail). The day they arrived to perform the punchlist items, they told me that half the things on the list aren't on the contract (they were verbal agreements), and they created more problems than they fixed on the other half.
There were no change orders. There were several items in the contracted scope of work I had asked to be dropped, for which no change orders were made and no credit given.
They are now demanding payment because they are done.
Since they are saying they want to stick with the contracted scope of work, can I claim for the delays as well as for items in scope of work which I had asked to be dropped?
Washington