Vintage Mustang Forums banner

681 - 700 of 1002 Posts

·
Registered
Joined
·
3,738 Posts
Discussion Starter #681
Exactly.
So now. I will go in loaded for bear. I will be attending. Prior to this, I was not needed.
I will bring in a contractor. I will bring quotes. I will bring a statement from the building inspector. I will bring a FNG model made out of lego's or something depicting the way the new foundation needs to be constructed. I will bring the materials cost quotes.
They lost the lawsuit. Our lawsuit says they caused over $25k in damages. We are backing that fact up.
This guy is a FNG idiot. He wanted to open the topic of damages up for a debate. All this did was make my lawyer remember more things we can claim as damages.
In fact I will talk to my lawyer today about the driveway. They cracked the heck out of it even more doing their damages.
The driveway was in rough shape. It got more messed up from them. I was planning on replacing it after the garage was built.
But now.
Maybe it will be on their dime.
Sorry. Had to rant a minute.
 

·
Registered
Joined
·
1,153 Posts
It's OK you can rant all you want for what you had to go through. Hopefully this nightmare will be behind you very soon, and you'll be able to envision your new garage taking shape and you wrenching in it. Good Luck.
 

·
Registered
Joined
·
596 Posts
Glad to hear you are making positive progress.

What I don't understand is.... you say you won the case, but you are now having to prove more damage and cost of damages?

Shouldn't the judge award you the amount you were suing for and proved when you won?
 

·
Registered
Joined
·
3,738 Posts
Discussion Starter #684
Glad to hear you are making positive progress.

What I don't understand is.... you say you won the case, but you are now having to prove more damage and cost of damages?

Shouldn't the judge award you the amount you were suing for and proved when you won?
Well the judge wasn't there, he took a sick day. So I guess there was a substitute. We did win. Now the judge just has to decide how much to award us. The substitute judge or whatever, was no help. We do have to submit damages. They usually have NO say. But again, substitute arbitrators/judges don't know ****.
So back to the judge in December.
 

·
Registered
Joined
·
3,738 Posts
Discussion Starter #685
Mini Update.
I just got the new quote for materials from the Lumber Yard.
The original quote from 2016 was $21,034.00. For lumber, Trusses, Cedar shake, Roofing, windows, doors, etc....
The NEW quote for 2018 is..........$30,798.00 for the same stuff.
That is almost a $10,000.00 increase in the cost of materials. We are adding this amount to our damage claim.
I also have a NEW letter from the City Building Inspector. This new letter demands that.
1.) The new footing MUST be installed on undisturbed soil or Engineered Fill.
2.) Soil bearing test is required before new concrete footing is poured, and shall meet the bearing table.
I have more quotes for over $30k from contractors.
These idiots should have just paid me last month. It is getting a LOT more expensive for them now. Their little game is costing them big money.
I am going to court on Dec 3rd. I will be there with all the ammo I can gather.
I will keep everyone updated.
 

·
Registered
Joined
·
537 Posts
Stay on them. Hopefully the last contractor doesn’t fold up and disappear. The sad part is with the housing market like it is and tariffs in place the cost is still going to continue to rise even more by the time you start building.

LJ
 

·
Registered
Joined
·
83 Posts
lawsuits like this is absurd, don't understand how you expect to be paid for all these materials that where not used. not trying to be a ***** but they should have to pay to grade the area and put back to how it was.
 

·
Registered
Joined
·
531 Posts
lawsuits like this is absurd, don't understand how you expect to be paid for all these materials that where not used. not trying to be a ***** but they should have to pay to grade the area and put back to how it was.


Well, since the contractor's own incompetence caused a 2 year long delay, he is responsible for the increased cost of materials due to inflation.
It's his fault. He should have to pay for it.
 

·
Registered
Joined
·
2,186 Posts
Its not an absurd lawsuit.....some ones negligence caused someones harm.... these things are settled in court if the parties involved can't agree....and you can bet if the cost of materials went down, the other side would be arguing that point... I hope you get it all and then some!!
 

·
Registered
Joined
·
787 Posts
lawsuits like this is absurd, don't understand how you expect to be paid for all these materials that where not used. not trying to be a ***** but they should have to pay to grade the area and put back to how it was.
You are confusing what you feel is right with what is legal. I'm no lawyer, but my experiences in the civil court system has played out exactly like this case is. The only difference in mine was that my insurance company was also involved, and they MADE me sue the other party. When I sat down with my lawyer and told them that I thought we shouldn't even sue in the first place, I was explained this. I was forced to sue because the my insurance company didn't want to pay the bills.
 

·
Registered
Joined
·
9,201 Posts
lawsuits like this is absurd, don't understand how you expect to be paid for all these materials that where not used. not trying to be a ***** but they should have to pay to grade the area and put back to how it was.
He's not asking for the cost of the materials in whole, just the $10k difference in the quotes due to the contractor's incompetence & negligence, plus the obvious remediation of the area, extra costs involved with ensuring stable ground to pour on, and a properly poured footing.

If he had done a good job in the first place, SAG wouldn't have lost two years of his life on this - that's worth something as well.
 

·
Registered
Joined
·
3,738 Posts
Discussion Starter #692 (Edited)
No real update.
It has taken a while for me to right this because discussing this can agitate me to an unhealthy level. So sorry for the late update!
The arbitration was pushed back to after the holidays.
I spoke with my lawyer a few weeks ago. I think one of my contractors will help me with appearing before the settlement arbitration lawyers. To be scheduled sometime into the new year. I need a good contractor to appear on my behalf because they have a BS, lying, scumbag, friend contractor saying a foundation can be made for 11k.
Even typing this makes my blood boil.
The fact that these dumb FNG arbitration lawyers can't understand how damaged the area was made and how much it cost to repair it. When I have 5 quotes stating it will take over 30k. Not to mention the first F'D up foundation was quoted for more money. SO DUH!
If we do not except the recommended settlement from the arbitration lawyers. It will then go in front of the judge. The judge will review the arbitration lawyer's recommendations, and our case. Then give a ruling on the amount to be awarded.
I have to stay focused. I have to remember.
We won the lawsuit. It is a fact. The hard part is over and done.
This is just arguing how much I get awarded in a judgement.
The longer this takes the more money it cost's THEM.
I am suing for all legal fee's and will get my money back. Paying my lawyer is like having a second savings account.
Sucks to be them.

On a separate topic.
I have been dealing with an umbilical hernia. I will be going in for a hernia operation tomorrow morning.
I will be recovering for 3-6 weeks.
For the first time in 22 years I will be off work for an extended period of time. Sucking through my sick and vacation time. What can you do?
Wish me luck.
 

·
Registered
Joined
·
1,057 Posts
Stay positive, get through the surgery and the Holidays then reap the rewards for your hard fought battle early next year. The ball is in your court, just hang in there and before you know it all this will be behind you. Good luck tomorrow. Mike
 

·
Registered
Joined
·
3,738 Posts
Discussion Starter #695
Thanks everyone.
I will have a lot of time off to update everyone on my operation.
 

·
Registered
Joined
·
1,153 Posts
Good luck with the operation, and the court case.
 

·
Registered
Joined
·
3,460 Posts
I have been dealing with an umbilical hernia. I will be going in for a hernia operation tomorrow morning.
I will be recovering for 3-6 weeks.
For the first time in 22 years I will be off work for an extended period of time. Sucking through my sick and vacation time. What can you do?
Wish me luck.
Hoping you feel better soon. Try to enjoy the Holidays!
 

·
Registered
Joined
·
114 Posts
Good luck Joe.
 
681 - 700 of 1002 Posts
Top