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For those who are wondering why I am posting so much this week, it is because I am away on vacation. I would like to take this opportunity to ask those of you who read my blog to ask questions and suggest future blog posts.
This post is not directly about contractor or homeowner issues, but I have been thinking lately about the stress of dealing with a lawsuit. Parties vary regarding their involvement in their own disputes. Some are happy to hand their claims over to an attorney and check in now and then, and others want to be directly involved and strategize about their claims.
However, no matter how much or little involvement you choose, you should realize that lawsuits are extremely emotionally taxing. First of all, the financial burden cannot be underestimated. Even if your own attorney is prudent about expenses, he or she has no control about how the other side conducts themselves. That's just the way it is. Even if you prevail in a lawsuit, there is frequently no guarantee that a judgment will be paid. Different states have different measures available for collection, but it is not usually easy.
Emotionally, lawsuits are difficult. You will be living with your dispute for a long time, and re-living unpleasant experiences every time there is discovery written questions, document requests and depositions. Your suit will become a part of your life that feels like it never goes away. It is unlikely that a win will be a slam dunk. Ultimately you will probably settle for less than you had hoped for at the beginning. Why would a lawyer say all of this? The truth is, I am like a surgeon who does not want to do surgery unless it is medically necessary.
Clients have to understand that resolving disputes short of filing suit is usually a better option. Legal expenses have not accumulated extensively, and statistically, parties are much more likely to comply with negotiated settlements. Resolution is not left up to chance where twelve arbitrary jurors are deciding your fate, or a judge is making the decision for you.
It is much better to maintain control over your own outcome. I do not hesitate to advise my clients to file suit when it is necessary and recovering a judgment is feasible. Litigation is my forte along with arbitration and mediation. However, I do not recommend filing suit unless it is worth it, because the emotional and financial consequences are too high.
Where is the justice? I appreciate the dose the reality. It seems the only reason this is allowed to continue is there is no money in going after these guys. Unlike doctors, big corporations etc, these guys can hide in the cracks because they are small and it is only one home owner.
It is the feeling of having no power to change the situation that has affected me the most. I, too, am caught. The builder has financial problems.
He got all my money, and I got part of a house. He won't return my calls; I have a roof that leaks and unfinished rooms. If I sue, everything is guaranteed to stop - there will be no hope of him ever doing even a small bit of work on the place.
I will pay for 30 years for my bad choice of contractor. I can't afford to sue the guy. He vacations in Cancun while I worry about what the leaking roof is doing to the home I worked so hard to take care of for 20 years.
I have no control and no power in this situation. Even the legal system can't help me because I can't afford it. It just doesn't seem like the law protects the victim at all. I'm a contractor, I only here of the cases that the home owner was pulled over the coals. On my last project I did a large renovation in Southampton NY.
The contract stated six payments from start to completion. The first payment the deposit was short and the check was returned. Breach of contract right from the start. Yet I continued 21 payments later and near the completion of contract I asked the home owner to get the balance down to the contract final payment. He said just finish every thing and I'll pay you in full. Last week I had to put a lien on his house after months of giving the home owner time to pay.
I purchased a condo and within 1 week my basement and garage flooded inches in a rainstorm. After 3 more similar events over 3 years and extensive investigation and an engineering report it was determined that my unit was built 2 feet lower than the approved plans through incompetence or on purpose I do not know. In addition the street alongside our complex had chronic drainage problems dating way back and frequently flooded. Because the units were built too low this was causing water to back up into my property.
However, the builder never acknowledged any of this to me when he was supposedly trying to "fix" it and even tried to blame me for the flooding! After certain unsuccessful attempts to resolve I am now suing the builder under 93A. I have been told that it will cost me 75k - 90k to actually litigate which is daunting.
It makes me wonder what the point of some of these consumer protections laws are. Most people don't have that kind of money. Eight year old home with cracks in foundation. Expansion joints opening up at one inch or more. Frieze boards gap open 2 inches before meeting brick. Oh,and did I mention that the front of my home has sunken.
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It always amazes me that Homeowners are always complaining victimization, but the fact is the homeowner hired the contractor and the homeowner has a responsibility too.
You never hear how homeowners will hold back payments, or will short a payment all because the homeowner wants extra work they have no intention on paying for. Homeowners also need to take responsibility for who they hire, if you are only looking at the bottom number and you want the guy who is going to do all your home repairs or remodeling for a fraction of what a good contractor would do it for -- I suggest you look at your self when a job goes bad. You pay for what you get!
You never hear about the Homeowners from hell either -- now the majority of our clients have been absolutely great, but there are a hand full that are horrid. We recently did a kitchen remodel and the homeowners decided to add, add, add and add, when they were presented with a cost to their changes we were told they could not afford it.
So we didn't do the work, but proceeded to finish the contract, then the homeowners at the end of the job, with less then a day of labor to finish, fired us off the job by calling us and telling us to not return!
We have filed a lien and will follow up with a law suit. Unfortunately, when we declined the offer the homeowner got angry and threatened to tell our clients what a bad contractor we are -- We don't do work for free! That is a homeowner from hell! First, someone really needs to filter the scam artists pretending to be blogers and posting financial scemes on this website which distracts from its purpose.
Please get an editor. I am cureous how many of the unhappy homeowners used "nontraditional" reference checks on their contractors such as Twitter and Facebook?
I think this is a great media to document a grass roots opinion of someone's work and integrity./p>
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