Question about lawyers/lawsuits/who contacts who?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

This person lawyers. Always ask for proof of insurance BEFORE starting a project. We are building a deck. I have a certificate of insurance from my contractor’s insurance company, issued to me, before the contract was signed.

That’s liability that covers injury to people and property the contractor causes. It is not a performance guarantee.

CGL for the damage to the OP’s property
Contractors E&O for shoddy design work
Performance bond


But sounds like OP didn’t perform due diligence on verifying any of it

Op here

So in the eyes of the court, if a contractor performs work without insurance/license he is not liable? The customer who hired him is liable?

DP, there's liability and then there's your ability to recover any money from this guy. The insurance is who would typically pay if he is liable.

Have you hired a lawyer? If so, direct your questions there (and maybe ask Jeff to delete this thread).

And sell your house and rent. Otherwise you have a long road ahead.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

This person lawyers. Always ask for proof of insurance BEFORE starting a project. We are building a deck. I have a certificate of insurance from my contractor’s insurance company, issued to me, before the contract was signed.

That’s liability that covers injury to people and property the contractor causes. It is not a performance guarantee.

CGL for the damage to the OP’s property
Contractors E&O for shoddy design work
Performance bond


But sounds like OP didn’t perform due diligence on verifying any of it

Op here

So in the eyes of the court, if a contractor performs work without insurance/license he is not liable? The customer who hired him is liable?

DP, there's liability and then there's your ability to recover any money from this guy. The insurance is who would typically pay if he is liable.

Have you hired a lawyer? If so, direct your questions there (and maybe ask Jeff to delete this thread).

And sell your house and rent. Otherwise you have a long road ahead.

+1. OP being unable to let this go for a minimal amount of damage is not promising. Especially since she characterized the issue as “cosmetic” and not structural.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

This person lawyers. Always ask for proof of insurance BEFORE starting a project. We are building a deck. I have a certificate of insurance from my contractor’s insurance company, issued to me, before the contract was signed.

That’s liability that covers injury to people and property the contractor causes. It is not a performance guarantee.

CGL for the damage to the OP’s property
Contractors E&O for shoddy design work
Performance bond


But sounds like OP didn’t perform due diligence on verifying any of it

Op here

So in the eyes of the court, if a contractor performs work without insurance/license he is not liable? The customer who hired him is liable?

DP, there's liability and then there's your ability to recover any money from this guy. The insurance is who would typically pay if he is liable.

Have you hired a lawyer? If so, direct your questions there (and maybe ask Jeff to delete this thread).

And sell your house and rent. Otherwise you have a long road ahead.

+1. OP being unable to let this go for a minimal amount of damage is not promising. Especially since she characterized the issue as “cosmetic” and not structural.

Op here
No. Read my first post again. I said there were code violations plus cosmetic damage. There are actual safety issues.

It’s not “minimal amount of damage.”
2/3 of the work has to be torn out and re-done completely.

There are safety issues.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

This person lawyers. Always ask for proof of insurance BEFORE starting a project. We are building a deck. I have a certificate of insurance from my contractor’s insurance company, issued to me, before the contract was signed.

That’s liability that covers injury to people and property the contractor causes. It is not a performance guarantee.

CGL for the damage to the OP’s property
Contractors E&O for shoddy design work
Performance bond


But sounds like OP didn’t perform due diligence on verifying any of it

Op here

So in the eyes of the court, if a contractor performs work without insurance/license he is not liable? The customer who hired him is liable?

DP, there's liability and then there's your ability to recover any money from this guy. The insurance is who would typically pay if he is liable.

Have you hired a lawyer? If so, direct your questions there (and maybe ask Jeff to delete this thread).

And sell your house and rent. Otherwise you have a long road ahead.

Why would I sell the house and rent?

[Anonymous]

Op - what estimate did the attorney give you for legal fees? Even though you might have a valid claim, you need to look at the cost benefit. Plus, the contractor might not have any assets so you may end up with a judgment you can’t collect plus be on the hook for legal fees. Even if the court awards you legal fees, your attorney isn’t going to wait to collect from the contractor - you will have to pay. And, again, if the contractor has no assets, you will get nothing.

Is it unfair? Yes. But you should probably focus on moving forward.

[Anonymous]

Many states have a fund to repay owners damaged by bankrupt contractors, but getting to that money can be a long road and it's not a guaranteed amount.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

This person lawyers. Always ask for proof of insurance BEFORE starting a project. We are building a deck. I have a certificate of insurance from my contractor’s insurance company, issued to me, before the contract was signed.

That’s liability that covers injury to people and property the contractor causes. It is not a performance guarantee.

CGL for the damage to the OP’s property
Contractors E&O for shoddy design work
Performance bond


But sounds like OP didn’t perform due diligence on verifying any of it

Op here

So in the eyes of the court, if a contractor performs work without insurance/license he is not liable? The customer who hired him is liable?

DP, there's liability and then there's your ability to recover any money from this guy. The insurance is who would typically pay if he is liable.

Have you hired a lawyer? If so, direct your questions there (and maybe ask Jeff to delete this thread).

And sell your house and rent. Otherwise you have a long road ahead.

+1. OP being unable to let this go for a minimal amount of damage is not promising. Especially since she characterized the issue as “cosmetic” and not structural.

Op here
No. Read my first post again. I said there were code violations plus cosmetic damage. There are actual safety issues.

It’s not “minimal amount of damage.”
2/3 of the work has to be torn out and re-done completely.

There are safety issues.

Is your contractor charging you more to complete the work or refusing to complete the project to code?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

This person lawyers. Always ask for proof of insurance BEFORE starting a project. We are building a deck. I have a certificate of insurance from my contractor’s insurance company, issued to me, before the contract was signed.

That’s liability that covers injury to people and property the contractor causes. It is not a performance guarantee.

CGL for the damage to the OP’s property
Contractors E&O for shoddy design work
Performance bond


But sounds like OP didn’t perform due diligence on verifying any of it

Op here

So in the eyes of the court, if a contractor performs work without insurance/license he is not liable? The customer who hired him is liable?

DP, there's liability and then there's your ability to recover any money from this guy. The insurance is who would typically pay if he is liable.

Have you hired a lawyer? If so, direct your questions there (and maybe ask Jeff to delete this thread).

And sell your house and rent. Otherwise you have a long road ahead.

Why would I sell the house and rent?

Because you don’t know the basic steps of vetting a contractor. And your plumber being ONE recommendation doesn’t count.