One more time, without the bullshit

[AAP]

Potsmokers have not fired up and killed some brain cells yet this morning, go piss elsewhere.

It is OFFICIAL!!! (post #1)

I am suing this contractor.

I tried to be nice. I tried to wait this thing out simply because I knew it was going to cost me ZERO in the end. I tried giving him the benefit of a doubt. Not anymore.

This ass clown was here yesterday and when I told him that I would be running the Monster Cable again and to not touch it, he goes "ok, I will make a note of that so when I come back I will remember." Now I am like "so where you going?" He has the biggest smile you ever saw on any shit eater and he goes "Monday, my wife and I are going to Switzerland until January 5th for a ski holiday." So I am like "well that must be nice, unfortunately, I won't have a holiday because my house won't be finished will it." Dumb Dora just looks at me and says "but I promise when I return it will be just one more week."

So I go to my lawyer yesterday and say "Ok, let's do this." He draws up the submission papers for the courts and gives me a copy which I left on my bar this morning where the contractor will find it.

The amount seeking? $128,000. Happy holidays. He won't enjoy one day of his little trip.

 

[HumorMe]

I'll finish the job for you for $100,000. You can keep $28,000.

Is a hammer that thing with a handle and a flat edge or does it have an electrical cord?

 

[beastboy]

Let us know his reaction.

 

[FreeballinDC]

With all the fucked up shit he has done to your house, and the money that may or may not have changed hands, how the hell can he afford a ski trip to Switzerland?

 

[AAP]

I just got his reaction via the phone. He said "I don't have that kind of money." Well I asked him if he had malpractice insurance and he said not to that extent, just to cover small damages. So I said "well you got a house. Lucky for you the market is doing ok now, so you will be able to sell it quick."

Then I told him that the copy of the paper he received was dated for this upcoming Monday when my attorney would be filing it. So he had today, Saturday and Sunday to either finish the work or take all the shit out of my house.

My attorney was like "why are you choosing such a low settlement? You should be going for $300,000." I was not aware of it, but apparently Florida takes harsh actions against contractors and will side against them every time.

 

[WODIN]

I thought you were announcing your journey into being a bottom bessy.

 

[beastboy]

I just got his reaction via the phone. He said "I don't have that kind of money." Well I asked him if he had malpractice insurance and he said not to that extent, just to cover small damages. So I said "well you got a house. Lucky for you the market is doing ok now, so you will be able to sell it quick."

Then I told him that the copy of the paper he received was dated for this upcoming Monday when my attorney would be filing it. So he had today, Saturday and Sunday to either finish the work or take all the shit out of my house.

My attorney was like "why are you choosing such a low settlement? You should be going for $300,000." I was not aware of it, but apparently Florida takes harsh actions against contractors and will side against them every time.

No swearing? How much does he have left? Seems to me if he said a week he should be able to work day and night to get it done. I would at least try if I was him. Did he already agree that his work was free?

 

[havoc]

I thought this was a............

 

[FreeballinDC]

If that is the case, then it sounds like you will be getting another house. Can you change the settlement amount to $300K?

Do it, just to add insult to injury.

 

[Y_lifter]

You can only Imagine the number of Good Contractors that have been Screwed over by this florida mindset of
"The Customer is always right"..

Yes, Florida is the winter home of Contractor Gypsies and Flim Flam artists particularly in the Roofing business...

Don't get greedy, or you may get nothing, as he can't be forced to sell his primary residence I believe..

He should have a good Minimum amount of Insurance if he is Licensed Bonded and Insured as anyone working on your house should be

 

[AAP]

On October 14th he gave me in writing a time period of three weeks maximum. On November 12th, he promised just 2 more weeks. On Dec 1st, he put in writing again only one more week. Yesterday, he said one week after he returns in January.

So far I have encountered:

One worker from England who used the metric system for all his measurements and fucked everything up.

The worker brought in to correct all these fuck ups refused to wear his reading glasses. So he could not read anything on the blue prints. 1's and 7's, 4's and 9's, 3's and 8's were all interchanged and the same to him. All work was still off center and wrong.

They tried to highway rob me over their hours and then when confronted that I had all their hours on film, those three workers quit.

The next worker brought in two helpers who were 17 and 18 and the only work they did was in my liquor cabinet. They were snot nosed drunk by 11AM. I don't mind them having a drink after work, but don't drink MY liquor and then bill me for the time you were drinking it. I threw those two out when it became apparent that they were also searching through the rest of my house. One of them asked me if he could have one of my oxycotin pills. Keep in mind the pill was in the master bedroom - a room not being worked on and off limits to them - and in the nightstand by my bed. Covered up by the book I am reading, condoms and lube. You had to dig really deep to find that.

I just lost $400 of Monster Cable fiber optic video cables, speaker wire and connections this week because the contractor pulled it out after I wired it. Not bad, but he actually cut the fiber optic cable in half to use it to tie down loads in his truck.

I have not had a meal in my home since October 14th. I had to cancel my TGiving plans. I have to now cancel my annual Christmas party for the benefit of Shadowwood II charity. Last year I raised over $4000 for this charity.

My pool is a mess and in addition to the pump repair, the entire bottom is littered with glass from the door they busted. The pool crew told me it would be about $700 just to clean the bottom of the pool and steps.

The contractor actually spent one Saturday over here building a bookcase out of MY MATERIALS for his mother. And I got a bill for his 7 hours here.

the list goes on and on and on and on.... while I just wanted my home finished, I started then thinking of how I was getting all this work for free, now I just want a large sum of money to make me happy.

 

[beastboy]

Don't get greedy, or you may get nothing, as he can't be forced to sell his primary residence I believe..

I believe if the contractor isn't Inc. or LLC, AAP can go after the house.....I could be mistaken though.

 

[AAP]

Don't get greedy, or you may get nothing, as he can't be forced to sell his primary residence I believe..

He should have a good Minimum amount of Insurance if he is Licensed Bonded and Insured as anyone working on your house should be

Not greedy, but not looking cheap either. His license and bond amount was undisclosed to me, I had no idea it was a "small amount" like he said. That is his prob, not mine.

I can't get his house, but I can win a settlement and place a fucking lien on his house just like he did mine. This bitch won't work another day when I am finished with him.

The first thing I did yesterday was call the builder who gave me his referal and the builder said that he no longer refered this contractor to anyone, nor was he surprised I was calling. He said that the four people that he refered this guy to had all called him and complained. One couple just wanted a single door turned into a French door and it ended up costing them $6000. WTF? The builder said he never had a problem with this man when he worked for him doing projects, but since starting his own company, he has not had one happy customer.

 

[Frackal]

That's insane anal....I can barely believe all that shit happened

 

[AAP]

That's insane anal....I can barely believe all that shit happened

Me too.

 

[MattTheSkywalker]

AAP

You're suing your contractor, but you're really suing his insurance company. Suing an insurance company is like threatening your mechanic with an oil change....

Your contractor will usually be insured with what is called a CGL (commercial general liability) policy. These will have a liability m limit - let;s say for this discussion it is $50,000, although they are usually much higher.

Is this a negligence claim or breach of contract? I know with some suits, you don't have a tort remedy, and you have to sue in contract, which is a different set of standards. I don't know about this one though.

Once you file suit, the insurance company is obligated under this policy to defend him, and they will do a few things:

1. Look for defenses. If you're suing in tort (negligence claim) you have to be able to prove damages. If it is contract, the defnese will look into ontract language and things like that - you may want to be sure your attorney understands the nuances of Florida builder's law.

2. Delay delay delay. While your damages amount is pretty small, insurance defense is all about delay.

2. If they are accepting some liability, they will make an offer to settle. Litigation is expensive. The insurance company can offer only the policy limits. Your lawyer will strongly encourae you to take the limits, so he can get paid too.

If you take the limits, you release the contractor and everyone goes home.


In theory, you could refuse a limits offer, and go to trial. the insurance company still defends their policyholder. If you win in trial, you get a judgment against the guy's asets. This is the only way you'll get a lien...and the defendant can then appeal. This would be about 2006.

I only wrote this because tere are some stupid posts on thsi thread about asset seizure and such.

 

[AAP]

At this point he has NO defense. I have a notarized gurantee where he said $7K and three weeks. Then you do have neglience where he damaged my pool pump and filteration system.

He has already told me that his insurance is just for a small amount to cover minimum damages.

 

[big4life]

What kind of contractor carries the minimum insurance?

Well besides a stupid or cheap one.

 

[MattTheSkywalker]

At this point he has NO defense. I have a notarized gurantee where he said $7K and three weeks. Then you do have neglience where he damaged my pool pump and filteration system.

He has already told me that his insurance is just for a small amount to cover minimum damages.

Of course he told you that. Discourages you from suing. The contract means precisely jack-shit if you have to sue in tort. If you're suing in contract then you won't be looking at a judgment or any of that.

Anyway - sorry you had to go through this. I had a similar prob with an architect.

 

[Y_lifter]

I'd go with a Insurance settlement to cover All your damages and start over again.
Otherwise, as mentioned, who knows when you would see a $ ..

 

[AAP]

What kind of contractor carries the minimum insurance?

Well besides a stupid or cheap one.

One who just started his own business in Sept.

 

[WODIN]

Kidnap his wife.

 

[AAP]

Kidnap his wife.

Yeah... then when she comes home with a gay man and sees how we live with wall treatments and carpet matching, she will forever torment him over it.

 

[Warik]

Before you are through with this guy he will be whining and crying about how he can't afford a lawsuit and that his wife, kids, and little kittens will have to share a 1 room apartment with roaches, but only after he sells his car to make the first month's rent and have enough money to take the taxi to the bus stop and then the bus to the McDonald's 20 miles away to flip burgers so they can have the luxury of 1 meal a day.

So don't get all pussy emotional and sympathetic, OK?

He fucked you hard and apparently doesn't give a shit about it. Use every legal means necessary to bring him to tears. Don't be a little "awww I don't want the guy to starve" wimp. You may feel like shit when it gets ugly but you'll feel pretty damn good afterwards.

Keep us up to date and be sure to post pics of him crying in court.

and stuff.

-Warik

 

[MattTheSkywalker]

So many of you have so little info about how this works. This guy probably won't ever see a courtroom.

 

[Warik]

Matt, basically you are saying that AAP who has a legitimate claim will never see even a remotely fair amount of compensation while some stupid bitch who recklessly and carelessly spilled coffee on herself at McDonald's is set for life.

Forgive me if I file your input in my "makes no sense" mental file, even if it may be 100% accurate.

-Warik

 

[AAP]

Chances are he is going to settle out of court. The legitimate claim I have now is that he can not charge me more than what he guranteed me it would cost. Though I can still seek damages concerning the time frame and other damage he has done to my property. In addition to the liability he has already accured from the city for failed inspections and non approved business practices.

On Monday he will either be finished or all his equipment and work will be removed from my house. Come Monday, he is consider himself finished or fired. If fired, then I will get someone else to come in and do the work. Then I will sue him in court.

 

[jesus 2]

sue him. then fuck him in the ass.



j2da2

 

[MrMuscle]

Am i the only one that finds it funny when anal calls a straight guy an "ass clown"? lol

 

[AAP]

Mr Muscle, where have you been stranger?

 

[MrMuscle]

No where special. Benn working to get my PT educaton done (last exams tomorrow sunday 14. December). other than that ive been updating my web page a bit, sorry to say the english versjon isnt updatet yet. ut the norwegian is...other than that ive been getting big

So what have you been up to? except getting it up the ass from your contractor.

 

[Temple]

LOL AA, it is NOT funny. Been there, done that. I have yet to pay for carpet that I had installed a year ago. I didn't know it was possible for carpet layers to do that much damage to a house.