some of you , by now, are asking, who is this guy and how deos he frick up so much
toadys phone call
hey remeber that sunroom you helped build,4 years ago, well it leaked and no one knew until we opened the wall and found all kinds of damage, so its up to you bud
well wait a second, I was a subcontractor hired to help and learn 4-seasons sunrooms, I was just a grunt. I did nto sell the job, I was not the main sub that installed it, I just helped. I dint seal it, I didnt build it, just helped, watched and learned
yeah but your the only guy with a licence still in business, so its your baby now
what , what , what
your thoughts please
and by the way, this is why general contractors make the big bucks
no sleep, 16 hour days at 50 bucks a day, and its all my fault
yes dear, your right
Replies
I f YOU (your name) did NOT have a written contract with the leaky sunroom HO"s; then they are fishing and more so SOL.
No way this would hold up legally even.
Done.
Eric
It's Never Too Late
To Become
What You Might Have Been
[email protected]
By now, you probably have a team of lawyers on staff, or at least on retainer. Find out if there's a requirement of "privity" in your state. Privity means that there was a contractual connection between the parties (them and you). If not, they had no expectation of anything from you. If you were not a party to the contract, they are probably trying to bluff. Sometimes they try to overcome this with a "negligence" argument, which often doesn't work much better.
That doesn't necessarily stop them from suing you, but the truth is that lawyers aren't in business to waste time on cases where they aren't likely to win any more than contractors are in business to write estimates. When we look at a case, we look for a) Liability [Can we legally prove the damages were caused by the named defendant?] b) Damages [ How much are we talking about here? Is it worth arguing about? Small Claims Court?] c) A financially responsible defendant. [If they can't collect on a judgment, it's a worthless piece of paper.]
Don't know what the cost of the sunroom/repairs is. Say it's $10,000 just to pick a number. Most lawyers aren't going to take that case unless they get an hourly fee and a $2,500 - 5,000 retainer up front. (Yes, there are some that are hungrier than others, just like contractors.) Then there's the cost of an expert to testify - another $2,500 - 5,000. Most clients aren't about to waste that money and the time it takes for a case - they'd rather get on with their lives.
If I were you, I would probably go over there. Take the digital camera, get some pictures for the file. Look at what needs to be fixed. Don't admit to anything that was done there - nada, nothing. If you feel like it, take somebody else - another "expert" and let him/her talk so nothing can be attributed to you. (With your luck, I don't know...) Look at their paperwork - see whose name is on it. Look at the plans, see whose name is on them. 4 Seasons is still in business as a national franchise I believe. If it was a bad design, not your problem, let them sue 4 Seasons. If it was bad execution by somebody else, that's not your problem either, at least not theoretically. Maybe you could recommend someone to do the repair. Maybe you want to stay out of it. (I wouldn't touch the job myself, out of an abundance of caution, but some people look for that opportunity to turn the lemons into lemonade.)
Can you be sued? Sure. Is it likely? Don't think so. If you go down that road, throw up another post. Don't get your hopes up on winning any money with counterclaims for frivolous lawsuits and abuse of process. Maybe in England and other foreign legal systems that works - not really here. Good luck, again.
Don
Man, I wouldn't worry about buying any lottery tickets in the near future.
Remodeling Contractor just outside the Glass City.
Quittin' Time
They're fishing. Have 'em produce a signed contract that would hold you liable.
I'm not green anymore.
Eric's absolutely right (especially morally). Unless you are either party to a contract, or demonstrably negligent in a way that is* (help me out attys, what's the word I'm looking for?) the cause of the problem tell them to blow it out their bung hole. They're just looking for someone that either is a chump, or has liability insurance that might toss em a bone...
(is proximate cause the right term?)
Edited 7/21/2005 8:23 pm ET by PaulB
Shoot em a bid. A really high bid. They're not gonna want to pay you anyway.
We are all in this together.
http://www.hay98.com/
Edited 7/21/2005 8:46 pm ET by Gunner
hehe PaulB said "bung hole"
-zen
"so its up to you bud"
say's who?
but I still like Gunners idea ... pay me now or pay me later ....
Jeff
Buck Construction
Artistry In Carpentry
Pittsburgh Pa
Unbelievable. You need to drag your ex tile guy over to their house and beat the sh!t out of all of them at once. Where do you get these people?!
I second that idea! DanT
wow you pay attention
Maybe a lot of what I post should be at the woodshed as what I mostly post is the headaches and wanting advice
I do have good days
And to quote Willie Nelson
I live the life I love
and
I love the life I live
Wasn't that quote in the song "Cloud Nine" by the Temptations? - lol
Gotta agree with the consensus on the liability issue- DO offer to go over to fix the problem and float them a high price with the following payment schedule- 1/2 up front; the other 1/2 upon the half way point of the job. Did that to a guy who tried to stiff me (finally got my $ after 3 months) who said- no hard feelings- can you price my next job. I said "Sure" with a big smile. Faxed him the quote with the terms as I said and asked for him to please call me as soon as possible so I can schedule the work appropriately. Never heard from him and I don't miss him.First we get good- then we get fast !
Hey how come you have a "face" by your name?
Edited 7/24/2005 11:34 am ET by Bill Hartmann
you have him added as a "friend". Spheramid Enterprises Architectural Woodworks
And here I though you where my friend?I can see how it accidently happened as the options is alway popping up if I get the mouse too close.But what is the advantage? Other than you get a direct link to their profile?
I guess it makes ya feel all warm and fuzzy..knowing you have a "friend"...That YOU picked..!
I also think it is too alert you to thier recent posts or sumpthing... Spheramid Enterprises Architectural Woodworks
I liked whomever's suggestion this was:
"well, since we have no written contract, I'm not liable for any problems, however, if you'd like I can come over and give you a bid for repairing the problem."
Has a nice ring to it... although I probably wouldn't want to do a job for those people. They might be a PITA to work for. Hard to tell from here whether they are a PITA client or just normal folks who got screwed by their GC.
jt8
The reason so many people never get anywhere in life is because when opportunity knocks, they are out in the backyard looking for four-leaf clovers.
-- Walter Percy Chrysler
Yeah, well they actually can sue you, even if they haven't got a hope in hell of winning. Some people use the threat of this and the cost of defending yourself and lost time yadda yadda to scare contractors into giving them sh!t they don't deserve.
If they pull crap like that, you go in with a counter-suit claiming frivolous pleadings and sue them for all your legal expenses, lost time, lost reputation, lost sleep, lost hair, you name it. Sometimes awards against frivolous pleaders can get pretty high....
Dinosaur
A day may come when the courage of men fails,when we forsake our friends and break all bonds of fellowship...
But it is not this day.
There was a similar thread a few months back.I don't remember what part the poster played, but IIRC he specifical warned the contractor about potential problems what changes where needed in the siding or window. They did not follow those and several years later the HO wanted to sue the poster, as everyone else was MIA.Wonder what happened?
I might ask them politely if they are aware that crack is, in fact, still considered an illegal substance.
"If you pick up a starving dog and make him prosperous, he will not bite you. This is the principal difference between a dog and a man." - Mark Twain
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some of you , by now, are asking, who is this guy and how deos he frick up so much
I figgure you're tryin' to get a spot in the Special Olympics for Contractors, am I close?<G>
Did you take that call seriously?
Where do you work? okay, practice...LOL I'd like to be at least a couple states away...
What deos frick mean? ;-)
frick was just another way to say a word for sexual intercourse
Did you sign anything these 4 years ago? didn't think so...
I'd call them back and tell them to smoke pole
Not that I think it matters, but were you licensed at the time the work was done?