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+--- Thread: Who Is Responsible?? (/showthread.php?tid=6269)
RE: Who Is Responsible?? - Chuysmom - 10-08-2009
Hmm..interesting. I'll have to check it out.
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?? - Carey - 10-08-2009
The DCCA site has licensed contractor information, including info on filing a complaint, and info on the:
"CONTRACTORS RECOVERY FUND
The Contractors Recovery Fund is a service for homeowners that is
wholly funded by Hawaii’s licensed contractors and administered by
the Contractors License Board.
The fund provides protection to homeowners who find that a licensed
contractor has not performed as promised, has defaulted on the
contract, or has violated some other provision of the law regulating
contractors. A homeowner may recover up to $12,500 per contract
from the Contractors Recovery Fund on any judgement obtained
against a licensed contractor.
The procedure for obtaining relief from the Contractors Recovery
Fund is as follows.
1. The homeowner must file a court action against the
contractor.
2. The homeowner must notify the Contractors License Board
of the court action at the time it is filed.
3. If the homeowner obtains a judgement against the licensed
contractor and the licensed contractor lacks the assets to
pay off the judgement, a claim against the Contractors
Recovery Fund must be made.
You should consult with an attorney to ensure that all the procedural
steps required to file a valid claim are satisfied.
The Contractor License Board has the right to intervene and defend
the Contractors Recovery Fund in any way that it deems necessary."
The DCCA site with links to forms and more info is:
http://hawaii.gov/dcca/areas/rico/licensedcontractor
RE: Who Is Responsible?? - Chuysmom - 10-09-2009
Thanks so much Carey. I'm very familiar with that site. LOL...I have contractor complaint forms, as well as a form that covers the other non-contractor parties ready to go...just waiting to hear from one or two other parties.
Carrie Rojo
http://www.carrierojo.etsy.com
"The world is changed. I feel it in the water. I feel it in the earth. I smell it in the air. Much that once was is lost, for none now live who remember it." Galadriel - LOTR
RE: Who Is Responsible?? - StillHope - 10-09-2009
Carrie,I am sorrythat instead of a practical advice I am bugging you with a ?
The yellow tape: what could be a possible rerason for it?
I mean,it's like somebody committed a crime and taped the crime scene?
RE: Who Is Responsible?? - Bullwinkle - 10-09-2009
Stillhope..... yellow caution tape can be purchased at the home depot for 6$ a roll.
It can mean everything or nothing......
RE: Who Is Responsible?? - John S. Rabi - 10-09-2009
quote:Probably not. Out of the thousands of lawsuits filed on Oahu last year, only 17 went to trial. Most cases are settled in the Chamber of the Judge. He will list everybody on a piece of paper and will ask the respective attorneys to fill in the percentage of liability they think for everybody. BTW, don't expect yours to be zero.[
Originally posted by Chuysmom
We already know we will have to go into big debt to pursue it.
!]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 - 10-09-2009
Does anyone know if insurance polices licensed contractors need to have in Hawaii are "claims made" policies???
According to the DCCA. they need to ensure that a licensed contractor has insurance, but do not keep the records of the insurers, for that you need to contact the State Licensing Dept...1808-586-3000
RE: Who Is Responsible?? - Kapohocat - 10-09-2009
quote:
Originally posted by Carey
According to the DCCA. they need to ensure that a licensed contractor has insurance, but do not keep the records of the insurers, for that you need to contact the State Licensing Dept...1808-586-3000
The contractor in question is insured and licensed. The question is how much or even if they are still liable for this error 9 years ago.
And so we head back to the Carrie needs an attorney idea.
Does anyone know an attorney professionally/personally that they can recommend to her? I gave Carrie the attorney I deal with (Tom Yeh) but he already has green waste cases on his books and does not at this time want to take another because he is overbooked already.
RE: Who Is Responsible?? - kani-lehua - 10-09-2009
i've emailed renee's s-i-l in honolulu who works at a law office. the attorney who would handle such a case is on moloka'i until monday. i'm hoping to hear from him/them on that day. if he is not able/won't look at the case, i've asked for a referral for someone here. i emailed carrie the same info this morning.
"chaos reigns within.
reflect, repent and reboot.
order shall return."
microsoft error message with haiku poetry
RE: Who Is Responsible?? - Carey - 10-09-2009
For anyone purchasing property here in todays market, I would strongly urge you to have a full disclosure. The recounting of all of the landfill & dump activities of the "Class of 05-06" alone should have any of our followers running for the documents (and in todays market, anyone with purchase ability has POWER over the sellers).
an idea of a fairly conclusive disclosure is here:
http://www.docstoc.com/docs/12344499/Free-Real-Estate-Forms---Disclosure-Form
ETA: when I looked over this form, truthful sellers would have had to disclose each & every thing we have tripped up against on our house.... & those that didn't truthfully disclose.... Ours, like Carrie's are no longer in US territories, but those that are....