10-20-2007, 12:58 PM
My guess is that many foundations in Puna are poured in the rain. However, that is just one of your concerns and this is a clearly a situation for experts. You suspect that something went awry in the construction of your house, but are not quite sure. It is possible that there was an intervening event, and it is also possible that the foundation was not put down correctly, leading to what you observed. It is also possible that because the foundation was not put down correctly that it was not able to withstand the intervening event (earthquake). Don't know. The tile on my lanai was cracked after the earthquake.
Bob Orts has given you some great advice: have it inspected. I would first catalog your concerns so that the inspector can focus on what you think went wrong. In the meantime, with respect to legal recourse, you should consult with a Hawai'i attorney (military intelligence, jumbo shrimp, Hawai'i attorney) ASAP with respect to any statute of limitations (SOL = s... out of luck). You may need to sue first, and ask questions later to preserve your rights. If you have time, then you can try aloha. I would always "do aloha" in writing. If you call, follow up with a letter that "memorializes" (or sets forth) what you talked about. Perhaps he can and will fix (unlikely). A demand letter is usually the next step. Then court if you have time. No non-Hawaii attorney can advise you on the SOL because a non-Hawaii attorney cannot practice there.
But generally, when you are aware that there may be a problem, the clock starts ticking, if not before that time. You may have to a have a little outlay to understand your options better. Ignore anything other than an advice from a licensed member of the Hawai'i Bar, and I ain't talkin' anout Luquin's.
As for the centipedes, in my inexpert opinion that may be a separate problem. It is pretty clear from what I have read that these monsters get into the best built houses.
I am sorry you are having this problem and hope that you still feel that you made the right move for you and your family. I suspect you did. HNL prices continue to go up despite the downturns elsewhere.
Bob Orts has given you some great advice: have it inspected. I would first catalog your concerns so that the inspector can focus on what you think went wrong. In the meantime, with respect to legal recourse, you should consult with a Hawai'i attorney (military intelligence, jumbo shrimp, Hawai'i attorney) ASAP with respect to any statute of limitations (SOL = s... out of luck). You may need to sue first, and ask questions later to preserve your rights. If you have time, then you can try aloha. I would always "do aloha" in writing. If you call, follow up with a letter that "memorializes" (or sets forth) what you talked about. Perhaps he can and will fix (unlikely). A demand letter is usually the next step. Then court if you have time. No non-Hawaii attorney can advise you on the SOL because a non-Hawaii attorney cannot practice there.
But generally, when you are aware that there may be a problem, the clock starts ticking, if not before that time. You may have to a have a little outlay to understand your options better. Ignore anything other than an advice from a licensed member of the Hawai'i Bar, and I ain't talkin' anout Luquin's.
As for the centipedes, in my inexpert opinion that may be a separate problem. It is pretty clear from what I have read that these monsters get into the best built houses.
I am sorry you are having this problem and hope that you still feel that you made the right move for you and your family. I suspect you did. HNL prices continue to go up despite the downturns elsewhere.