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+--- Thread: Who Is Responsible?? (/showthread.php?tid=6269)
RE: Who Is Responsible?? - Chuysmom - 10-07-2009
Mahalo Glen. We will do what we can as fast as we can. Having said that, I'm hoping the roof holds up! LOL...
My boss said she went to school with a lawyer who does construction law in Honolulu. She then said, "She's good, but she's very expensive." Well that's just gonna be par for the course.
Don't think I'm gonna find an ambitious councelor who will do it pro bono or contingency...that's dreamin' BIG. But I do feel that whatever it takes, we are in a good position legally.
Carrie Rojo
http://www.carrierojo.etsy.com
"The world is changed. I feel it in the water. I feel it in the earth. I smell it in the air. Much that once was is lost, for none now live who remember it." Galadriel - LOTR
RE: Who Is Responsible?? - John S. Rabi - 10-07-2009
quote:[
Originally posted by DanielP
Thanks for the update John, My license expired about 20 years ago. Dan
][][]Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
RE: Who Is Responsible?? - Carey - 10-07-2009
Just a little bit of been there, done that:
Can you get copies of the insurance policies of the Developer & contractor? If you can, it will help your case (and let you know if they did have coverage during the time they were working on the house.... This may give you some guidance -including, if they even HAD insurance... some let policies lapse & it was our luck to have defective work done during the lapse. That is a no fun(ds) situation.
Also, do you know that the Realtor knew about the defect... if they mentioned it in front of others, see if you can get affidavits from the others... if they wrote it out, all the mo'betta.
RE: Who Is Responsible?? - Chuysmom - 10-08-2009
Thanks Carey, but that would be manna from heaven...no way I'm gonna get my hands on THEIR insurance contracts!
There's just no way to find out who this realtor talked to regarding this house sold by a couple who couldn't speak English and now lives in Japan. I'm thinkin' that's a bust there to.
Carrie Rojo
http://www.carrierojo.etsy.com
"The world is changed. I feel it in the water. I feel it in the earth. I smell it in the air. Much that once was is lost, for none now live who remember it." Galadriel - LOTR
RE: Who Is Responsible?? - lquade - 10-08-2009
this is a very long thread, and maybe i missed it, but carrie stated they had caution tape in a portion of the yard and knew it was sinking. if this was so, then the realitor knew it also.. the question then comes up of course, that they werent trying to hide it and you saw it too... or is this something some neighbors told you? this seems like it could go either way. to me, the biggest help is that this has happened to several people, maybe if there was enough harm, a class-action lawsuit could attract an attorney willing to work on contingency? i would certainly go polling my neighbors to see how many of you there are... might be time worth spent.
RE: Who Is Responsible?? - John S. Rabi - 10-08-2009
quote:I love you Kathy! [
Originally posted by KathyH
John, I didn't fall for intimidation. I am hurt that you doubt my toughness! []
Carrie, sorry to be threadjacking, but John's words stung me! [:p]
][][]Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
RE: Who Is Responsible?? - Kapohocat - 10-08-2009
quote:
Originally posted by Nalu
...My husband is a GC and won't even allow customers to bury green waste on the non building areas of their lot, due to the settling/danger factor, to actually do this underneath a housepad is just blatant incompetency and total lack of any common sense. If the GC is licensed he has to carry liability insurance and this should cover this kind of thing ...
Owners - If you have a set of prints permitted in the last few months - check the "note" page. Right there it talks about green waste. Also in the Bldg codes, green waste is addressed. Pay the bucks and get the green waste hauled off.
There is also unfortunately a warranty period that is long up for the GC. (Nalu maybe you can confirm this - 1 yr right?)
Glen, I am with you. I advised Carrie (as her friend) to sue the crap out of everyone who was involved and let them sort it out!!! Where is Toucano when we need him???? Oh yah So America!
RE: Who Is Responsible?? - Nalu - 10-08-2009
Most GC do offer a one year warranty, but I believe it is even longer for structural like foundations. I'd have to check with the DCCA on that one, time erodes the memory. Angela
RE: Who Is Responsible?? - StillHope - 10-08-2009
I have a question about this green waste burial.
Is this something lot owners do when clearing their "jungle" lots
or some builders try to cut corners?
And how ANYONE could determine if this green waste was once buried on a lot?
RE: Who Is Responsible?? - lquade - 10-08-2009
stillhope i cant imagine a owner-builder doing this. (now all the contractors will jump on me!) but i dont think it would even occur to someone building their dream house to do such a thing. common sense tells you this is a no-no. but these contractors come in during the boom times, do as fast and cheap as they can to make a buck and many leave. they have been bailing off the island these last few months for sure. i watched 2 homes behind me in mt. view, same thing. first they fill up all the surrounding lots with their garbage, then they bury what is left. down the road some poor person is gonna be in for a very unpleasant surprise...if you build, just be there to supervise the entire grading process. and then build on piers... at least then the house can be jacked up and problems resolved. i would never ever build on a slab in hawaii personally....