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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.
I had the same kind of procedure done in 2006. You are in and out that same morning. As I recall, I was back to work in about 10 weeks and you just have to take it easy for a while after that.

Good luck on the procedure and the arbitration. I hope you get back enough to make it right.
 

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Discussion Starter #702
Thanks everyone.
I am alive and at home recovering, resting. I have some pain but it is being responsibly managed. I will be sore for awhile. On the bright side. The girdle they gave me, makes me look more slimming. LOL. Even if it made me more attractive to the wife, I couldn't do anything about it at this time. Ha!
I can't lift over 10 pounds. That sucks because most of my guitars weigh about that, and so do most all the fluffy, cat children.
I can't drive for at least 5 days.

As for the law suit. I am just going to worry about that when I have to. I will just try to enjoy the holidays. I will update this thread when I get any new news.
Happy Holidays, and Merry Christmas everyone.
 

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Discussion Starter #705 (Edited)
UPDATE!
What a day.
I just got done meeting with my lawyer. We attended what is likely the very last arbitration meeting. The next court date in front of the judge is March 1st.
I will try and break this down.
My lawyer believes we have a very liberal judge. That being said. My lawyer feels we may not get everything we want. Especially because we won the law suit on a technicality.
Also. Even if we do get everything we want. He believes we could still be chasing these guy's for years to get payment. This would be at additional cost, and time to me. It would also mean that I go many more years without having a garage.
My lawyer said his job is to get me my garage foundation, so I can move on with my garage build and life.

So.
A proposed settlement is this.
Subject to agreement of all parties, and a meeting with the new contractor and building inspector.
I agree to have the new foundation be made by the new company that the other side has contracted. They are bonded and insured. I pay ZERO dollars for this new foundation. The garage foundation is made to the letter of the law, inspected at every step by the city building inspector, and to the letter of the original contract.
To be clear.
A spread footing 26' X 24', with a 6 inch steel reinforced floor, 2 courses of block above the grade of the floor, and a 25' X 20' 4 inch pad partial drive way installed. All to the letter of Michigan State building code, and inspected by the building inspector.
AND.
$10,000.00 USD To cover 90% of my legal fee's, and costs to date.

Next step.
I have to contact the new contractor, and set up a meeting with them, me, and the building inspector. Then report back to my lawyer.

The Rub.
I have no idea who this new company is. I can't find much info about them. Except they have been in business since 2006. They have no websites, or FB page that I can find. I don't trust this.
This new contractor has been in constant contact with both lawyers, and arbitrators. I am told they are bonded, licensed, and insured. They will have to prove that when and if THEY pull a building permit. Supposedly they met with the city inspector and reviewed what is required with the new foundation.
I called them today and left a message at 1 pm.

The last thing I discussed with my lawyer was this. If at any time we find out the new contractor is sub par. NO DEAL. We will reject the entire proposed settlement.

Stressful. I need a nap.
 

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No website or FB account is a big GIANT plus in my book. Company is so busy doing what they do best that they have no time for such silly crap nor the need for the additional advertising. Not only do I know of such companies that have a similar minimal to nonexistent online presence I am happily working for one now.
 

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It would make me worry too that you aren't picking the new contractor. Means they worked out some type of deal with the new guy...maybe the crew the new guy uses will be supplied by the original contractor (so the costs are kept low). I'd want to look into that more. Get it in writing that none of the work will be done by or sub-contracted to anyone who has or still works for the old company.

Any way for you to get a list of permits the new contractor pulled recently in your area to see that they are actively building and not some fly-by-nighter who does projects off the books? Get the code enforcement people to look up any possible violations found on their recent projects?

References would be nice too...but let's face, no business is going to give you the names of people that aren't happy with them.
 

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Discussion Starter #709
I made it clear to my lawyer I had reservations about this new company.
I called them 2 times today, to try and set up a meeting. Both times my calls went to voice mail.

My lawyer thinks. Who gives a F who builds it, as long as it gets built and built correctly.

I am more apprehensive about this.

One thing is certain. Time moves forward. We meet with the judge on March 1st.
 

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No website or FB account is a big GIANT plus in my book. Company is so busy doing what they do best that they have no time for such silly crap nor the need for the additional advertising. Not only do I know of such companies that have a similar minimal to nonexistent online presence I am happily working for one now.
The last company I worked for (20 years) also needed no advertising. Word of mouth in the construction world kept us more than busy.
 

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I had a concrete driveway installed.

Word of mouth referral. The concrete guy told me not to refer anyone he had more business than he could handle.
 

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Discussion Starter #712
GypsyR. Please continue to bless me with positive thoughts, the universe is listening.

I just got off the phone with the NEW contractor.
It seems The New contractor has NO knowledge of the last contractor. He has done work for their lawyer though. He was referred by their lawyer. He has been in business for himself since 2004. He has been doing foundation work since 1993. He is doing over 20 foundations right now. He has offered references, and to show me his current job sites. He does not need or wish to have an online presence because he doesn't need to. He has tons of work.
He is going to adjust his quote a little because he was given the wrong info.
We talked about the problems of the site. We talked about the wreckage left by the last people. He wants to do the job. We will meet Monday morning with the building inspector.

I feel a little better about this now.

One step at a time.
 

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Slow but good progress. Go visit the new contractors work sites. You can tell real quick if he knows what he is doing. Sounds good so far. Hope spring comes early so u can pour your fondation.
 

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When you pour the slab, have narrow expansion joints / saw cuts done so you can roll a jack over it. I didn't had to fill in the wide. Expansion joints. Pita!
 

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This has been going on for 2.5 years. At this point, if I could get my garage built as a "wash", I'd take the deal. The "specs" are that it has to meet all city codes and he's scoping out the new contractor, If the new guy proves legit and I get all my legal fees paid... it would be time to move on :)

Hopefully you'll be using your new garage by the end of the summer :)
 

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have them build the slab to spec, that is whats fair and legit and move on. 2 plus years trying to get compensated for this and that and you are right back at square one, getting a foundation poured.

i said early on in this topic that trying to get a garage built and compensated for your misery etc was a joke and wouldn't happen. i doubt the judge will award money for your attorney, very doubtful, attorneys want to drag it out, if you can get a foundation poured proerply do so and build your garage

theres no guarantee the longer it drags out
 

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This has been going on for 2.5 years. At this point, if I could get my garage built as a "wash", I'd take the deal. The "specs" are that it has to meet all city codes and he's scoping out the new contractor, If the new guy proves legit and I get all my legal fees paid... it would be time to move on :)

Hopefully you'll be using your new garage by the end of the summer :)
"City codes" are quite minimal. I require more than minimal unless I plan on moving.
 

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have them build the slab to spec, that is whats fair and legit and move on. 2 plus years trying to get compensated for this and that and you are right back at square one, getting a foundation poured.

i said early on in this topic that trying to get a garage built and compensated for your misery etc was a joke and wouldn't happen. i doubt the judge will award money for your attorney, very doubtful, attorneys want to drag it out, if you can get a foundation poured proerply do so and build your garage

theres no guarantee the longer it drags out
I think this is the best answer to your long standing problem. I'm reminded of the old saw: Don't let the perfect be the enemy of the good. Hope it gets done soon and your project can continue and you get your LONG awaited garage! Mel
 
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