Since 2005, I am still battling my builders and their insurance company. To refresh your memory, there was a number of builders defects on my house. Mainly, no moisture barrier on part of the south side, second and first floor of my home. And again other defects such as no insulation in the attic and more.
It is located approximately 1500 feet from the Gulf of Mexico in Crystal Beach, Destin. This defect, of course, was not discovered until the 2005 hurricane season after two years of horrid storms and nothing drying anywhere. Mold, mold everywhere.
I have worked with my builder and his insurance company to no avail for a year, then as they continued to delay and delay. After I complained to the Okaloosa / Walton builders associatio, I received an e-mail from one of the partners of he building company that I was a back stabbing... and they were never going to step foot on my property again.
At this time, I was forced mitigate my damages as best as I could, and tried to repair the house, financing the entire venture to the tune of several hundreds of thousands of dollars.
I filed a lawsuit over a year ago, which delay after delay has been a common problem.
The court system does not work here. The game is not to do the right thing, but to see who can make the other person go broke first.
In 8 days, I basically lose my home. Not because of non payment, the payments are current, but because now my insurance has non-renewed my policy and there is no one who is wiling insure a damaged non- repaired house. The bank is not wiling to continue to carry a mortgage on a property that is not worth the collaterial and not insured on top of it.
I have spent thousands of dollars trying to repair my home. Nothing seems to work, too many defects, code violations, etc. The mold continues to return for one reason or another, relating to the building defects of the house.
On top of it all, I am allergic to mold and I have now life long debilitating illnesses like diabetes, neuropathy and many more from living in the house as long as I did. This has limited my ability to work long hours and limited my ability to get out of bed each morning welcoming a new day. Sometimes, I don't even want to wake up and feel the constant agony each day. Even my pet was ill. At this time, I can no longer afford to seek expert medical care. It is very expensive to travel to receive care.
I am not independently wealthy and could not pick up and move out of my house and cannot afford to be doing it now. However, also, I cannot afford the financial burden of paying two mortgages, utilities, etc on a house that no one lives in and rent, utilities on a rental house to be healthy in.
Finally at the first part of December I abandoned the house and everything in it, including everything I had assembled as a symbol of my lifelong accomplishments. It is very hard to leave your life behind, very emotional. After 4 months, I am facing financial ruin. It is heartbreaking to me and would be to you if this happened to you.
This has become a very hard time for me because I have worked very hard, and been honest, and upstanding in the community regarding my business and as a resident. I can't believe this is happening to me, or to anyone. And I would not wish this on my worse enemy.
If only my builder would have stepped up to the plate and fixed the problem he caused, this would not have been a problem. Life would have gone on, not depression and an unsure futurel The lifelong problems I am facing possibly would not have been an issue.
But, the builder, who is still building houses, has changed his tune and is denying everything. He has insurance that pays for legal expenses. HOW can you deny a house built against code, especially one with NO MOISTURE BARRIER. I had walls which crumbled in my hands, construted of OSB or a similar material with NO MOISTURE BARRIER. Just vinyl siding nailed right on these walls.
Had they only come up to the plate, admitted the mistake and done what it takes to fix the problem.
Why are people like that anymore. What happened to integrity? What happened to honesty. What happened for caring for others? How can some people sleep at night.
Walking through the grocery story or any store for that matter would be helful.
Thank you for taking your time to listen to this story, but remember. The same thing could happen to you and you may be facing the same uncertain future I am.
I will welcome any comments and answer any questions posted here.
Replies
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SWGB
I understand what you are saying SJ and no I am in no way related to this specific case. A friend of mine is a paralegal in Florida for a personal injury lawyer and we have discussed this type of case in the past from both perspectives. I have also asked a close personal friend who is a lawyer some questions. My father was a general contractor for 18 years before selling his business and working for FSU. During his tenure at FSU he dealt with mold and asbestos abatement on a regular basis.
The only reason for my previous post was to put yet more facts about the situation in the open. It seems that we are speaking in huge generalities and until recently I assumed this was a home built in the past couple of years.
Just for semantics, is the red not supposed to be in that statement or am I reading it correctly?
The only reason for my previous post was to put yet more facts about the situation in the open. It seems that we are speaking in huge generalities and until recently I assumed this was a home built in the past couple of years.
For the record, I have family and friends in the construction business, and I am not picking on builders. Just telling you how I see it.
Just for semantics, is the red not supposed to be in that statement or am I reading it correctly?
SoWal Expert
lol. Thanks for the correction. I am "not" picking on builders.
Beach FanaticAuthor
1.) When was the mold first discovered?
2.) Even with the moisture barrier would it not seem reasonable that the house would in fact have some water intrusion from the above listed storms?
3.) Are any other houses in the area/neighborhood affected?
4.) When the photographed items (drywall, duct work, etc.) were removed from the house were they wet and was there evidence of current water intrusion?
I understand a builders overall liability, however I also understand any person/business entity protecting themselves. In this instance I believe that the builder is doing the correct legal action to file with his insurance company against the subcontractor who most likely was responsible for the lack of moisture barrier.
SoWalGayBo -
Let me try to answer your questions and point out a few things too.
First, the State of Florida Statues state when the builders responsibility ends. My lawsuit was filed within that period of time for this type of building defect.
My home is one of many that went through the hurricanes you mentioned. Probably many people who have commented and/or reading this thread have homes that also weathered these storms. In fact, I am currently living in a home that was built around the same time my home was built and it does not have mold problems. It has a moisture barrier. I am unaware of any other home in my neighborhood that has the sever problems my home has had, they probably have a moisture barrier as well.
If a house is properly built, with a moisture barrier, instead of vinyl siding nailed directly to plywood and OSB, there is a much better chance that moisture would not penetrate the walls and cause a HUGE mold problem.
Answer to questions.
1. Already stated several times before.
2. Maybe or maybe not. If all houses had water intrusion like mine, then the entire neighborhood should be leveled. Fact is, this question can never be answered because my house had no chance, it did not have a moisture barrier to protect it against the water intrusion.
3. Not to my knowledge. There are a number of people who have lived here as long as I and a number of homes that have been here as long as mine. I haven't knocked on all doors, but most people in my neighborhood know what is happening to my home and they have not had the same problems. That alone should tell you something. My house had no moisture barrier, theirs, more than likely do and they were protected against huge amounts of water intrusion.
4. It would make no difference whether they were wet or dry, the past moisture intrusion had caused the mold problem and the contractors hiding behind their insurance company and not addressing the problem in a timely manner allowed the mold to continue to grow. Mold doesn't just up and disappear. It needs to be removed.
As I earlier stated, I, too, see why the general contractor has gone after the subs, however, the State of Florida, as I am sure your attorney friends have told you, require me to go after the General Contractor.
I sue the contractor, who is TOTALLY RESPONSIBLE FOR THE BUILDING OF THE HOUSE TO ME, including the workmanship of the subs he hires. The courts have allowed him to in turn, sue subcontractors in a third party complaint. I understand that, however, this action was approved and taken months ago. There is no reason for me to remain in this lawsuit. Your attorney friends will tell you that the General Contractor needs to make me whole NOW, then his insurance company has what they need to continue to go after who they feel is responsible.
THE CORRECT THING AT THIS POINT FOR THE BUILDER TO DO IS TO INSTRUCT HIS COUNSEL TO, AGAIN, MAKE ME WHOLE NOW, THEN CONTINUE TO GO AFTER HIS SUBS. HE HIRED HIS SUBCONTRACTORS, NOT ME. I HAVE NO CLAIM AGAINST HIS SUBCONTRACTORS, HE DOES.
There is no reason for me to continue to suffer financial hardship or anything else at this point. He has what he needs for his insurance company to reimburse themselves at what ever point they choose. No need for me to continue to pay outrageous loan fees, attorneys fees, rent to live in another house, mortgages, utilities on my home which I cannot live live and other hardships involved in remaining in this mess. There is no reason for me to have to continue to completely close my business to sit through hours of depositions where questions such as, "Do you know who the father of your son is?" (Yes, that was one of the questions), that have nothing to do with the construction of my home are ask to me.
And again, had the contractor stepped up to the plate and fixed my home like he should have, then we wouldn't be discussing this at all. Nothing would have stopped him from going after his subs, without causing financial ruin to me.
He handled and continues to handle the situation badly. There is no reason to continue causing me to suffer because of a "mistake" they made. Your friends, lawyes,etc, understand the legal system and will validate what I have just stated.
Just how long could you continue to pay 2 mortgages, (the second mortgage taken out to try to repair the home), utilities and other expenses on a home you could THAT IS NOT HABITABLE, AND rent, utilities and other expense involved in a rental home to live in? Coupled with legal expenses, interest, long disruptions of my business time, etc.
Unless you are independently wealthy, no one can.
THE BUILDER IS RESPONSIBLE TO ME FOR THE HOME I PURCHASED. HE IS RESPONSIBLE TO ME FOR HIS SUBCONTRACTORS ACTIONS. I could care less what he does with his subs, they were HIS subcontractors, not mine.
All I have ask from day one is for the builder to DO THE RIGHT THING. FIX THE PROBLEMS HIS DEFECTS CAUSED. I tried to work with the builder and his attorneys, and insurance company for a YEAR and a half before I took legal action.
There was no reason for this suit to ever have been filed, no reason for YOUR TAX DOLLARS and my money to continue to be spent on this matter. But, the builder did NOT handle the situation properly and continues to not handle it properly.
Edited
Beach FanaticAuthor
One other thing I would like to point out. We have all heard the expression about "frivolous" lawsuits clogging up the court system, haven't we?
This is a perfect example!
THIS LAWSUIT NEVER SHOULD HAVE HAD TO BE FILED AND WOULD NOT HAVE BEEN FILED HAD THE BUILDER HANDLED THE SITUATION PROPERLY AND FIXED HIS DEFECT AND THE DAMAGE IT CAUSED WHEN IT WAS BROUGHT TO HIS ATTENTION.
It takes MONTHS to get on judges dockets just for an appearance.
But his failure to do the right thing, fix the defects, has not only contributed to the clogging up of the system, but caused health problems, some permanent, financial hardship and so much more.
Now, this lawsuit is one that is contributing to the clogging of the court system.
I am pretty outraged, as you obviously know by now, and disgusted that this continues to creep on and the builder turns his back on the proceedings and simply doesn't care.
MR. BUILDER, YOU STILL HAVE A CHANCE TO STOP THIS USELESS SUFFERING, WHY DON'T YOU TAKE THE BULL BY THE HORNS AND STOP THIS? YOU CAN STILL SAVE FACE AND PUT AN END TO THIS HORRIBLE NIGHTMARE!
This is a perfect example!
THIS LAWSUIT NEVER SHOULD HAVE HAD TO BE FILED AND WOULD NOT HAVE BEEN FILED HAD THE BUILDER HANDLED THE SITUATION PROPERLY AND FIXED HIS DEFECT AND THE DAMAGE IT CAUSED WHEN IT WAS BROUGHT TO HIS ATTENTION.
It takes MONTHS to get on judges dockets just for an appearance.
But his failure to do the right thing, fix the defects, has not only contributed to the clogging up of the system, but caused health problems, some permanent, financial hardship and so much more.
Now, this lawsuit is one that is contributing to the clogging of the court system.
I am pretty outraged, as you obviously know by now, and disgusted that this continues to creep on and the builder turns his back on the proceedings and simply doesn't care.
MR. BUILDER, YOU STILL HAVE A CHANCE TO STOP THIS USELESS SUFFERING, WHY DON'T YOU TAKE THE BULL BY THE HORNS AND STOP THIS? YOU CAN STILL SAVE FACE AND PUT AN END TO THIS HORRIBLE NIGHTMARE!
Beach Crab
Since 2005, I am still battling my builders and their insurance company. To refresh your memory, there was a number of builders defects on my house. Mainly, no moisture barrier on part of the south side, second and first floor of my home.
You only mentioned that "part of the south side" had no moisture barrier. Was there moisture barrier on the rest of the house?
If there is no moisture barrier on the other sides of the house, is there also mold on the other sides?
Edited
Beach FanaticAuthor
You only mentioned that "part of the south side" had no moisture barrier. Was there moisture barrier on the rest of the house?
If there is no moisture barrier on the other sides of the house, is there also mold on the other sides?
There were other areas, but the south side was the worse. It faces the Gulf. Sparce places that there was a barrier, it was not installed correctly, but the South side was the worse.
And yes, there has been mold in other areas, but the South was the worse.
Beach Crab
With all the storms mentioned in #125 Did your house every have damage from one of them?
Beach Lover
This thread is getting some mold on it. What I think I know from these posts is this.
1. Yippie is sick. (From someone who has had health issues I am very sorry.)
2. This is not typical of this builder. (I know this company and have worked with them, and have found them to be very reputable and do quality work.)
3. The resolve for Yippie is to sue them (no problem here).
4. The resolve for the builder is to turn into their insurance company. (I am sure that everyone realizes how expensive it is to have liability insurance, and if I had been paying for it for all of the years that they have been in business, then I would definitely use it. I know that Yippie has come out of pocket on her own to try to resolve, because as she pointed out Homeowners does not cover this type of work, and if Yippies insurance did cover it, they would fix it and subrogate.)
5. It sounds like Yippie wishes harm to this company that built her house. I think some thought should be given to this.....what if they were as unreputable as the claims are, they would not be in business today, and who would Yippie be suing? And if they were so disreputable why not close the doors on this business and reopen under a new name, as so many others have done in this market. The reason is that their name has some value to it, because they have a good reputation in this area. One job should not ruin a reputation that has taken 100s of customers and a couple of decades to build.
6. From the earlier thread on this matter, it sounded like one of the partners wanted to meet with you and discuss this further. I did not see any follow up posts to see if this offer was accepted. Maybe it was, and the decision was made that they needed to turn in to their insurance company, or maybe it was deemed to far gone and the smart thing to do was to hand over to the attorneys and let it run its course through the courts.
7. Lastly, there have been some posts that have questioned Yippies motives, and I am not doing that, but nor would I put a legal matter on this board with as much detail as Yippie has included. It does open Yippie up to some questions regarding motivation.
8. I hope this gets resolved sooner than later for both parties sake.
JMHO
1. Yippie is sick. (From someone who has had health issues I am very sorry.)
2. This is not typical of this builder. (I know this company and have worked with them, and have found them to be very reputable and do quality work.)
3. The resolve for Yippie is to sue them (no problem here).
4. The resolve for the builder is to turn into their insurance company. (I am sure that everyone realizes how expensive it is to have liability insurance, and if I had been paying for it for all of the years that they have been in business, then I would definitely use it. I know that Yippie has come out of pocket on her own to try to resolve, because as she pointed out Homeowners does not cover this type of work, and if Yippies insurance did cover it, they would fix it and subrogate.)
5. It sounds like Yippie wishes harm to this company that built her house. I think some thought should be given to this.....what if they were as unreputable as the claims are, they would not be in business today, and who would Yippie be suing? And if they were so disreputable why not close the doors on this business and reopen under a new name, as so many others have done in this market. The reason is that their name has some value to it, because they have a good reputation in this area. One job should not ruin a reputation that has taken 100s of customers and a couple of decades to build.
6. From the earlier thread on this matter, it sounded like one of the partners wanted to meet with you and discuss this further. I did not see any follow up posts to see if this offer was accepted. Maybe it was, and the decision was made that they needed to turn in to their insurance company, or maybe it was deemed to far gone and the smart thing to do was to hand over to the attorneys and let it run its course through the courts.
7. Lastly, there have been some posts that have questioned Yippies motives, and I am not doing that, but nor would I put a legal matter on this board with as much detail as Yippie has included. It does open Yippie up to some questions regarding motivation.
8. I hope this gets resolved sooner than later for both parties sake.
JMHO
Beach FanaticAuthor
With all the storms mentioned in #125 Did your house every have damage from one of them?
Insurance claim on Opal. Nothing claimed on any of the others.
Beach FanaticAuthor
This thread is getting some mold on it. What I think I know from these posts is this.
1. Yippie is sick. (From someone who has had health issues I am very sorry.)
2. This is not typical of this builder. (I know this company and have worked with them, and have found them to be very reputable and do quality work.)
3. The resolve for Yippie is to sue them (no problem here).
4. The resolve for the builder is to turn into their insurance company. (I am sure that everyone realizes how expensive it is to have liability insurance, and if I had been paying for it for all of the years that they have been in business, then I would definitely use it. I know that Yippie has come out of pocket on her own to try to resolve, because as she pointed out Homeowners does not cover this type of work, and if Yippies insurance did cover it, they would fix it and subrogate.)
5. It sounds like Yippie wishes harm to this company that built her house. I think some thought should be given to this.....what if they were as unreputable as the claims are, they would not be in business today, and who would Yippie be suing? And if they were so disreputable why not close the doors on this business and reopen under a new name, as so many others have done in this market. The reason is that their name has some value to it, because they have a good reputation in this area. One job should not ruin a reputation that has taken 100s of customers and a couple of decades to build.
6. From the earlier thread on this matter, it sounded like one of the partners wanted to meet with you and discuss this further. I did not see any follow up posts to see if this offer was accepted. Maybe it was, and the decision was made that they needed to turn in to their insurance company, or maybe it was deemed to far gone and the smart thing to do was to hand over to the attorneys and let it run its course through the courts.
7. Lastly, there have been some posts that have questioned Yippies motives, and I am not doing that, but nor would I put a legal matter on this board with as much detail as Yippie has included. It does open Yippie up to some questions regarding motivation.
8. I hope this gets resolved sooner than later for both parties sake.
JMHO
Yellowhammer,
Let me try to answer your questions.
1. Yippie is sick. (From someone who has had health issues I am very sorry.)
Thank you.
2. This is not typical of this builder. (I know this company and have worked with them, and have found them to be very reputable and do quality work.)
I don't think I have ever stated this is typical of this builder. This is what happened with MY house. I cannot speak for others and again, the situation with MY HOME was handled badly and still is.
3. The resolve for Yippie is to sue them (no problem here).
My only recourse since the builder did not fix the defect.
4. The resolve for the builder is to turn into their insurance company. (I am sure that everyone realizes how expensive it is to have liability insurance, and if I had been paying for it for all of the years that they have been in business, then I would definitely use it. I know that Yippie has come out of pocket on her own to try to resolve, because as she pointed out Homeowners does not cover this type of work, and if Yippies insurance did cover it, they would fix it and subrogate.)
Thoughts on this. My homeowners insurance does not cover builders defects, AND NEITHER DOES YOURS. If it did, i would have made a claim immediately and what you have stated would be true, they would subrogate it, you are right.
However, I do feel the builder has handled this part of it wrong. I feel the right way to have handled the problem is they should have fixed the defect, prevented any further damage, property and health, and dealt with the claim themselves. THEN turn it into their insurance company. They knew they were in the wrong. Problem is, they did not fix the damage and put in a claim. They had left me stuck in the middle of THEIR INSURANCE FIGHT. I financed the unsucessful attempt at repairing my house, I am financing my attorneys, rental houses, utilities and other expenses, including needless medical and business loss. That is not the correct or acceptable way to handle this situation.
5. It sounds like Yippie wishes harm to this company that built her house. I think some thought should be given to this.....what if they were as unreputable as the claims are, they would not be in business today, and who would Yippie be suing? And if they were so disreputable why not close the doors on this business and reopen under a new name, as so many others have done in this market. The reason is that their name has some value to it, because they have a good reputation in this area. One job should not ruin a reputation that has taken 100s of customers and a couple of decades to build.
I think if you read this entire thread you will notice that I do not want to harm this company. I am only asking that the situation ends and I be made whole. I have stated the situation was and is being handled badly, however, if you read on, you will realize that all I really want is to be made whole gain and go on my merry way. AGAIN, they have what they need to subrogate their damages within the law and court system, (months ago), with what ever subcontractor they feel caused the defect and damages can continue within the law without my continued financial victimization.
6. From the earlier thread on this matter, it sounded like one of the partners wanted to meet with you and discuss this further. I did not see any follow up posts to see if this offer was accepted. Maybe it was, and the decision was made that they needed to turn in to their insurance company, or maybe it was deemed to far gone and the smart thing to do was to hand over to the attorneys and let it run its course through the courts.
Please point this post out so I can answer it accurately.
7. Lastly, there have been some posts that have questioned Yippies motives, and I am not doing that, but nor would I put a legal matter on this board with as much detail as Yippie has included. It does open Yippie up to some questions regarding motivation.
I think my motivation has been clear. I don't want to be part of this lawsuit any longer. I want to be made whole now. They, or their insurance company, has everything they need to recover any losses they feel their subcontractors cost them now and have had it for months.
8. I hope this gets resolved sooner than later for both parties sake.
I do too. I feel both parties have been hurt, obviously I feel I have been hurt the most, but the hurt needs to stop. I am losing everything I have worked so hard for many years because of this. No one wants to do that.
I have made my motives very clear, it is in the builders court now....
Beach Lover
Yellow Hammer, your summary nailed it(sorry for the pun - couldn't resist)
I would like to second it.
Yippie, You did bring to the surface things everyone should know/consider:
- get references from other clients of the builder, architect, etc.
- get references from other professionals that have worked with the builder, architect, etc
- if you didn't see the house being built - have it inspected before buying
- if you didn't see the house being built - walk thought other house they have under construction before buying.
I do fell for you for having to go thought this, but this thread needs to die. You keep repeating a few things OVER AND OVER again and it's to a point where your beating a dead horse. The longer this goes on, the closer it's going to get to the point where people won't want to hear it anymore and will start to NOT REALLY CARE.
Finally Yippie,
You just posted "I have made my motives very clear, it is in the builders court now...."
You've made your point. We've all listened. It will all play out hopefully sooner that later, there is nothing ANY of us can do, PLEASE move on.
I would like to second it.
Yippie, You did bring to the surface things everyone should know/consider:
- get references from other clients of the builder, architect, etc.
- get references from other professionals that have worked with the builder, architect, etc
- if you didn't see the house being built - have it inspected before buying
- if you didn't see the house being built - walk thought other house they have under construction before buying.
I do fell for you for having to go thought this, but this thread needs to die. You keep repeating a few things OVER AND OVER again and it's to a point where your beating a dead horse. The longer this goes on, the closer it's going to get to the point where people won't want to hear it anymore and will start to NOT REALLY CARE.
Finally Yippie,
You just posted "I have made my motives very clear, it is in the builders court now...."
You've made your point. We've all listened. It will all play out hopefully sooner that later, there is nothing ANY of us can do, PLEASE move on.
Beach FanaticAuthor
Destinscuba - you are right, I keep repeating myself. I don't think other don't care, THIS COULD HAPPEN TO ANYONE and to YOU, too.
So, what are you saying, never buy a spec house?
Since you know the builder, why don't you persuade him to post........
So, what are you saying, never buy a spec house?
Since you know the builder, why don't you persuade him to post........
Beach Lover
Per your request I tried to find the post by the builder with an offer to meet with you. I guess the attorneys are really involved now, because all posts by on that thread by him have been removed, but I am sure you recall which post I am talking about.....your response was something like... that you had been dealing with his partner not him. Anyway, it does not make any difference. I wish you luck and hope you get well soon.
SoWal Expert
This whole situation is very unfortunate, but I don't understand what more can be done beyond expediting the settlement/resolution process. 
A year IS a long time to wait when you have health issues and want something resolved, but not when the court system or a insurance company is involved - many are still waiting for Katrina checks.
I am not familiar with intricacies of the process, but it seems quite reasonable that the builder let his/her insurance company handle the complaint/litigation rather than admit fault (potentially opening themselves up to a host of other issues and claims from someone who is already pursuing legal action and broadcasting the problem) and pay for costly repairs (you mentioned several hundred thousand dollars) out of pocket.
It would be nice if we lived in a world where someone could just say "A mistake was made, I'll fix it," but then the devil invented lawyers and liability! :angry:
A year IS a long time to wait when you have health issues and want something resolved, but not when the court system or a insurance company is involved - many are still waiting for Katrina checks.
I am not familiar with intricacies of the process, but it seems quite reasonable that the builder let his/her insurance company handle the complaint/litigation rather than admit fault (potentially opening themselves up to a host of other issues and claims from someone who is already pursuing legal action and broadcasting the problem) and pay for costly repairs (you mentioned several hundred thousand dollars) out of pocket.
It would be nice if we lived in a world where someone could just say "A mistake was made, I'll fix it," but then the devil invented lawyers and liability! :angry:
Beach FanaticAuthor
Per your request I tried to find the post by the builder with an offer to meet with you. I guess the attorneys are really involved now, because all posts by on that thread by him have been removed, but I am sure you recall which post I am talking about.....your response was something like... that you had been dealing with his partner not him. Anyway, it does not make any difference. I wish you luck and hope you get well soon.
You are talking about another thread, not this one? I think I can find the other one. He signed on using his real name, but I don't recall him volunteering to meet with me then either. He certainly has not volunteered during this thread.
I guess the attorneys are really involved nowLOL they have BEEN involved. I just got my latest bill yesterday and it was a little under $32,000.00. Can I send it your way for payment?
Edited
Beach Lover
Yes, I was talking about a different thread, but I doubt you will be able to find it because it looks like it was removed.
And you are welcome to send me the attorney's bill for 32 grand, as I followed someones earlier advice and ate some prunes.
And you are welcome to send me the attorney's bill for 32 grand, as I followed someones earlier advice and ate some prunes.
Beach Lover
Destinscuba - you are right, I keep repeating myself. I don't think other don't care, THIS COULD HAPPEN TO ANYONE and to YOU, too. Yes it can, you've help EVERYONE here to realize they should really DO THEIR RESEARCH before buying a home.
So, what are you saying, never buy a spec house? No, I'm saying that a home is a HUGH INVESTMENT and unless I was there during the construction I would have it inspected before closing on it. Weather the house was just complete or Thirty years old. When I do finally purchase a home with my hard earned money, I want to know what is there. When a friend bought their house a few years ago, the bank insisted they get in inspected.
Since you know the builder, why don't you persuade him to post........He did post in the other thread that Yellow Hammer was talking about, and he wanted to meet...I search and the whole thread is gone.
Being that you are in the middle of litigation with them, they were probably instructed to NOT make any public statements, hence that lack of any more posting.
and I'LL REPEAT
You've made your point. We've all listened, asked questions to get a better understanding and given you our sympathy for your situation. I understand that ALL YOU want is the builder to do something about it. There is NOTHING ANY of US can do, but listen and we have. You said "that I do not want to harm this company" but with this thread continuing and being that you offed to name the company in PM's . YOU ARE DOING THIS. Being that the builder is a member of SoWal (they've probably read all of this) so they are aware of that. IF I was in their position and being that it is in the PUBLIC forum, I would have passed this on to my lawyers so that they were aware of everything involving the case. I would hate for any of the information you've given to comeback in court to hurt your creditably in the eyes of the judge/jury. IF it does, YOUR the reason for this. Has this accrued to you?
Again, I say PLEASE move on and let this thread die, if not for us than for you.
Beach FanaticAuthor
Being that you are in the middle of litigation with them, they were probably instructed to NOT make any public statements, hence that lack of any more posting.
and I'LL REPEAT
You've made your point. We've all listened, asked questions to get a better understanding and given you our sympathy for your situation. I understand that ALL YOU want is the builder to do something about it. There is NOTHING ANY of US can do, but listen and we have. You said "that I do not want to harm this company" but with this thread continuing and being that you offed to name the company in PM's . YOU ARE DOING THIS. Being that the builder is a member of SoWal (they've probably read all of this) so they are aware of that. IF I was in their position and being that it is in the PUBLIC forum, I would have passed this on to my lawyers so that they were aware of everything involving the case. I would hate for any of the information you've given to comeback in court to hurt your creditably in the eyes of the judge/jury. IF it does, YOUR the reason for this. Has this accrued to you?
Again, I say PLEASE move on and let this thread die, if not for us than for you.
Seems like you are getting quite upset about this and I wonder why that is? JUST DON'T READ IT ANYMORE. No one is making you click on the thread. Is there someone making you click on this thread? If so, I advise you to call the police and get some help!
I am sure they have already passed it onto their lawyers. So be it. I am sure their lawyers will find some more ridiculous questions to ask me. Maybe they will ask me how many words I can type a minute since they already ask me if I knew who the father of my son is. Oh, by the way, can any of you answer this question? When your air conditioner turns on, EXACTLY how long does it run before the cold air stops blowing? Anyone timed that without being ask to?
Yes, I volunteered to PM who ever ask me who the builder is. There is wrong with that? Your law degree is from where? Many times is has been mentioned that court records are public information. People can find out without asking me if they want.
It all comes back to the same thing. The builder has and continues to handle this entire situation badly. They did not fix the defects on my home, they caused damages and continue to cause them.
People need to know this is happening because, again, it could happen to you too, and it may or may not be handled in the same bad way.
I would hate for any of the information you've given to comeback in court to hurt your creditably in the eyes of the judge/jury.
Why, it is the truth and they know it. Hopefully this won't continue to drag out for years to make it in front of a jury. And, again if it does, I have done nothing wrong, the builder has and continues to do so. The damages to me continue to grow every day.
Yellow Hammer, Prunes are on sale at WalMart I think! LOL. I looked for that thread and could not find it either and looked up the posters name and there seem to be no post under that name any longer.
Edited
Beach Fanatic
Yippie has every right to be frustrated and talk about it, whether or not it's comfortable for other people. What I hear on this board is, "Sorry, Yippie, we feel for you, but since we can't do anything about it, can you please shut up?" I'm not trying to step on anyone's toes in saying that because I also know your heart is in the right place, but in today's society our fellow neighbors' needs are just blips across a screen, be it a TV or a computer.
I have been sitting here the last few days, trying to figure out how Yippie can be helped. All she wants is to have her quality of life back. That's it.Can you blame her?
She's been screwed by everyone that built her house, whether it was a one time mistake or not. She's been screwed by the county gov't and court system that are washing their hands of the situation. She's got HUGE health problems that are reducing her ability to just dang get up in the morning. And she's being screwed by a health system that does NOT treat environmental health issues WHILE the types of medicine that can treat her are a total out of pocket expense, which she doesn't have at this point because of the fact her finances have been ripped apart & her health isn't at a point where she can work like she used to.
The least we can do as neighbors is listen & open our eyes, ears & hearts. All I am doing is praying each day for insight to be able to help her in some manner.
Why? Because I know what she's going through with her health & finances because of this. I know that when the people around can't help you, it's best for you to be out of sight & out of mind. Would you want to be told to shut up on SoWal by your neighbors if you needed help?
Yippie's a great person.
In the midst of this, she still thinks of how she can help others. She's about as straightforward as you can get. Please have respect for her and her needs, even if all you can do is "listen" to her on here.
SoWal is a great community. Let's keep it that way & care about each other, even when it's uncomfortable and we can't even see how we can help. Sometimes, when we least expect it, there are ways we can help our neighbors. We just have to be willing to step out of the box.
I have been sitting here the last few days, trying to figure out how Yippie can be helped. All she wants is to have her quality of life back. That's it.
Can you blame her? She's been screwed by everyone that built her house, whether it was a one time mistake or not. She's been screwed by the county gov't and court system that are washing their hands of the situation. She's got HUGE health problems that are reducing her ability to just dang get up in the morning. And she's being screwed by a health system that does NOT treat environmental health issues WHILE the types of medicine that can treat her are a total out of pocket expense, which she doesn't have at this point because of the fact her finances have been ripped apart & her health isn't at a point where she can work like she used to.
The least we can do as neighbors is listen & open our eyes, ears & hearts. All I am doing is praying each day for insight to be able to help her in some manner.
Why? Because I know what she's going through with her health & finances because of this. I know that when the people around can't help you, it's best for you to be out of sight & out of mind. Would you want to be told to shut up on SoWal by your neighbors if you needed help?
Yippie's a great person.
In the midst of this, she still thinks of how she can help others. She's about as straightforward as you can get. Please have respect for her and her needs, even if all you can do is "listen" to her on here.SoWal is a great community. Let's keep it that way & care about each other, even when it's uncomfortable and we can't even see how we can help. Sometimes, when we least expect it, there are ways we can help our neighbors. We just have to be willing to step out of the box.
Edited
Beach Lover
YIPPIE/ORGANICMAMA:
I understand if she wants to relieve her frustration and I know talking about it will help. But we need ALL the facts to offer the BEST HELP. Giving up information that leads to more question isn't expediting this. If this is such a tragic event as she is stating(which I'm not doubting), I would tend to think that continuously reliving all the details isn't relieving any of her frustrations. I was merely suggesting that being it is in litigation and she's waiting on the builder, I would think that taking a break from thinking about it and not seeing this tread keep coming up could help relieve some of her frustrations, if only a little. We've expressed our sympathy for her and I hope she know that we're thinking of her/praying for her. I was trying to state that SoWal might be one less place for her to be reminded of all this. It could be her escape from the situation.
But This some of the reasoning behind my critical approach to this subject:
- In the original thread (which has since been removed) she named the builder but would not state publicly what the issues she had with the builder, but would answer in PM's. Being that I know the builders, have walked through houses of theirs that were under construction and know the quality of work they do. I simply and sincerely wanted to know what kind of issue she was having so I could be informed. The reply I got was short, abrupt, it questioned who I was and the motives for wanting to know, it was short, abrupt, came off as very rude, especially being that she invited us to PM if we wanted more information. I found it bizarre and it left a sour taste in my mouth as to her true intentions. Later in the that thread, The builder invited her to meet and discuss.
- Now she can't recall his invitation to meet and wants to shout from the hill tops that the builder screwed her over, and that there was no moisture barrier, and offers to name the builder in PM's. What's up with the complete 180 degree change? When we try to get more information or try to interject another point of view, so we can better understand her situation, and so that MAYBE there WILL be a way that someone here CAN think of a way to help. We are met with the same few bits of recycled info; she's done her research, she's within the time that the builder is liable for the damages, there was no moisture barrier, no insulation in the attic, the vinyl siding was just nailed to the OSB or a similar material, etc. The new information she does gives are again abrupt answers, that tend to lead to more questions. We're just trying to get the complete story. Here is an example:
[/FONT]
Another time you were hesitant to post additional photos. Why? Your saying the builder is absolutely, completely at fault. Let us understand the full story. Why not post?
​ I'm not trying to be rude or doubt you, I'm just trying to better understand. We seem to lack all information needed to offer help and completely understand.
I do sincerely feel bad for her. A long legal battle and health complications is more that anyone should have to go thought, especially at the same time.
But Yippie cant' have it both ways. IF you keep repeating the same thing, WE can't offer out BEST help, we DON'T have the full, complete, unedited information.
I intend for this to be be my LAST post on the subject.
I will read your reply and then plan to NEVER visit the thread again.
I understand if she wants to relieve her frustration and I know talking about it will help. But we need ALL the facts to offer the BEST HELP. Giving up information that leads to more question isn't expediting this. If this is such a tragic event as she is stating(which I'm not doubting), I would tend to think that continuously reliving all the details isn't relieving any of her frustrations. I was merely suggesting that being it is in litigation and she's waiting on the builder, I would think that taking a break from thinking about it and not seeing this tread keep coming up could help relieve some of her frustrations, if only a little. We've expressed our sympathy for her and I hope she know that we're thinking of her/praying for her. I was trying to state that SoWal might be one less place for her to be reminded of all this. It could be her escape from the situation.
But This some of the reasoning behind my critical approach to this subject:
- In the original thread (which has since been removed) she named the builder but would not state publicly what the issues she had with the builder, but would answer in PM's. Being that I know the builders, have walked through houses of theirs that were under construction and know the quality of work they do. I simply and sincerely wanted to know what kind of issue she was having so I could be informed. The reply I got was short, abrupt, it questioned who I was and the motives for wanting to know, it was short, abrupt, came off as very rude, especially being that she invited us to PM if we wanted more information. I found it bizarre and it left a sour taste in my mouth as to her true intentions. Later in the that thread, The builder invited her to meet and discuss.
- Now she can't recall his invitation to meet and wants to shout from the hill tops that the builder screwed her over, and that there was no moisture barrier, and offers to name the builder in PM's. What's up with the complete 180 degree change? When we try to get more information or try to interject another point of view, so we can better understand her situation, and so that MAYBE there WILL be a way that someone here CAN think of a way to help. We are met with the same few bits of recycled info; she's done her research, she's within the time that the builder is liable for the damages, there was no moisture barrier, no insulation in the attic, the vinyl siding was just nailed to the OSB or a similar material, etc. The new information she does gives are again abrupt answers, that tend to lead to more questions. We're just trying to get the complete story. Here is an example:
Some[FONT=arial,sans-serif]one asked: "If the house has ever had any hurricane damage?" [/FONT]
[FONT=arial,sans-serif][/FONT]​
[FONT=arial,sans-serif][/FONT]​
[FONT=arial,sans-serif] Her reply simply stated "[/FONT]Insurance claim on Opal. Nothing claimed on any of the others."[FONT=arial,sans-serif] [/FONT]
[FONT=arial,sans-serif][/FONT]​
[FONT=arial,sans-serif] [FONT=arial,sans-serif][/FONT]​
[/FONT]
[FONT=arial,sans-serif] Yes, you answered the question, BUT it only leads to asking [/FONT]the extent or locations of the damage. The damages could have been something simple (like a fence, mailbox, garden shed) Why not tell us if it was? or more extensive(like the siding and moisture barrier blew off). We don't know. HMMM? Was the damage in the areas that you've mentioned (south side of house)and deal with the issues that you now want the builder to repair (lack of/improperly installed moisture barrier)? IF SO, who did you hire to repair the damage? IF SO, wouldn't THEY be liable for repair work that did? IF SO, where are they now?
​
​
Another time you were hesitant to post additional photos. Why? Your saying the builder is absolutely, completely at fault. Let us understand the full story. Why not post?
​
I do sincerely feel bad for her. A long legal battle and health complications is more that anyone should have to go thought, especially at the same time.
But Yippie cant' have it both ways. IF you keep repeating the same thing, WE can't offer out BEST help, we DON'T have the full, complete, unedited information.
I intend for this to be be my LAST post on the subject.
I will read your reply and then plan to NEVER visit the thread again.
SoWal Insider
I intend for this to be be my LAST post on the subject.
I will read your reply and then plan to NEVER visit the thread again.
DS--here's a time-saving tip for ya--simply write "BUMP" next time you feel the need to 'let the thread die.'
--you can "ding" me a red square if it will make you feel better
.
Edited
Beach FanaticAuthor
YIPPIE/ORGANICMAMA:
I understand if she wants to relieve her frustration and I know talking about it will help. But we need ALL the facts to offer the BEST HELP. Giving up information that leads to more question isn't expediting this. If this is such a tragic event as she is stating(which I'm not doubting), I would tend to think that continuously reliving all the details isn't relieving any of her frustrations. I was merely suggesting that being it is in litigation and she's waiting on the builder, I would think that taking a break from thinking about it and not seeing this tread keep coming up could help relieve some of her frustrations, if only a little. We've expressed our sympathy for her and I hope she know that we're thinking of her/praying for her. I was trying to state that SoWal might be one less place for her to be reminded of all this. It could be her escape from the situation.
But This some of the reasoning behind my critical approach to this subject:
- In the original thread (which has since been removed) she named the builder but would not state publicly what the issues she had with the builder, but would answer in PM's. Being that I know the builders, have walked through houses of theirs that were under construction and know the quality of work they do. I simply and sincerely wanted to know what kind of issue she was having so I could be informed. The reply I got was short, abrupt, it questioned who I was and the motives for wanting to know, it was short, abrupt, came off as very rude, especially being that she invited us to PM if we wanted more information. I found it bizarre and it left a sour taste in my mouth as to her true intentions. Later in the that thread, The builder invited her to meet and discuss.
- Now she can't recall his invitation to meet and wants to shout from the hill tops that the builder screwed her over, and that there was no moisture barrier, and offers to name the builder in PM's. What's up with the complete 180 degree change? When we try to get more information or try to interject another point of view, so we can better understand her situation, and so that MAYBE there WILL be a way that someone here CAN think of a way to help. We are met with the same few bits of recycled info; she's done her research, she's within the time that the builder is liable for the damages, there was no moisture barrier, no insulation in the attic, the vinyl siding was just nailed to the OSB or a similar material, etc. The new information she does gives are again abrupt answers, that tend to lead to more questions. We're just trying to get the complete story. Here is an example:
Some[FONT=arial,sans-serif]one asked: "If the house has ever had any hurricane damage?" [/FONT]
[FONT=arial,sans-serif][/FONT]​[FONT=arial,sans-serif] Her reply simply stated "[/FONT]Insurance claim on Opal. Nothing claimed on any of the others."[FONT=arial,sans-serif] [/FONT][FONT=arial,sans-serif]
[FONT=arial,sans-serif][/FONT]​
[/FONT][FONT=arial,sans-serif] Yes, you answered the question, BUT it only leads to asking [/FONT]the extent or locations of the damage. The damages could have been something simple (like a fence, mailbox, garden shed) Why not tell us if it was? or more extensive(like the siding and moisture barrier blew off). We don't know. HMMM? Was the damage in the areas that you've mentioned (south side of house)and deal with the issues that you now want the builder to repair (lack of/improperly installed moisture barrier)? IF SO, who did you hire to repair the damage? IF SO, wouldn't THEY be liable for repair work that did? IF SO, where are they now?
​I'm not trying to be rude or doubt you, I'm just trying to better understand. We seem to lack all information needed to offer help and completely understand.
Another time you were hesitant to post additional photos. Why? Your saying the builder is absolutely, completely at fault. Let us understand the full story. Why not post?
​
I do sincerely feel bad for her. A long legal battle and health complications is more that anyone should have to go thought, especially at the same time.
But Yippie cant' have it both ways. IF you keep repeating the same thing, WE can't offer out BEST help, we DON'T have the full, complete, unedited information.
I intend for this to be be my LAST post on the subject.
I will read your reply and then plan to NEVER visit the thread again.
I guess you didn't take the advise of calling the police to make whoever it is forcing you to continue reading this stop it!
I will address this and I hope you do read the response.
- In the original thread (which has since been removed) she named the builder but would not state publicly what the issues she had with the builder, but would answer in PM's. Being that I know the builders, have walked through houses of theirs that were under construction and know the quality of work they do. I simply and sincerely wanted to know what kind of issue she was having so I could be informed. The reply I got was short, abrupt, it questioned who I was and the motives for wanting to know, it was short, abrupt, came off as very rude, especially being that she invited us to PM if we wanted more information. I found it bizarre and it left a sour taste in my mouth as to her true intentions. Later in the that thread, The builder invited her to meet and discuss.
I am not doubting the response could have been forseen as rude. I apologize you felt that way. I remember the original thread, but do not remember the builder asking to meet with me. I stated that I was already dealing with his partner, who normally is the "spokesperson or representative" (or at least has taken this roll legally in this matter). HOWEVER, In that thread, I very much remember openly asking the builder why certain things were or were not done on my home. He would not answer or did not answer my questions. I remember asking at least three, but got NO response from the builder.
(I may have a copy of the thread, if so I will see if I can find it).
Kurt, if there is a way to retrieve it, since it has been mentioned a number of times, I have no objection as long as the builder who posted using his real name has no objections if it is made available again)
What's up with the complete 180 degree change
Who would have thought that this situation would still be going on. You would think the entire mess would be over with and settled by now, however, as you have read earlier, I am continuing to be damaged to the financial point of possible ruin and it has gotten to the point of being totally ridiculous. I have mentioned the enormous strain this has put on me, my business, etc. I sound like a broken record, but this should have been over with long before now and it could immediately end at the instruction of the builder to his counsel. I am not going to repeat the legalities of what his insurance companies needs and has to recoup their loses.
The damages could have been something simple (like a fence, mailbox, garden shed) Why not tell us if it was? or more extensive(like the siding and moisture barrier blew off).
Opal roof shingles blew off, but the felt remained. Other storms I lost maybe 10 or so shingles off the roof. Ivan, there was a tree (thank God) that blew across the driveway, but did not come near the house. Dennis, same, maybe a few shingles, but nothing huge. The other storms mentioned, I don't recall much of anything if there was anything. Part of our question made me giggle about siding and moisture barrier blowing off. No siding has blown off my house and HOW COULD A MOISTURE BARRIER BLOW OFF IF IT WAS NEVER THERE? And had that been the case, the problem would have been addressed a long time before this mess I am in now.
Another time you were hesitant to post additional photos. Why? Your saying the builder is absolutely, completely at fault. Let us understand the full story. Why not post?
The photos are enormous and I think you got the jest of it. One of the reasons that I didn't want to post more photos is because the house IS in litigation. The photos are quite extensive, but I will see tomorrow what is prepared in a format where I can post a few more. I don't really see the point in showing you mold photo after mold photo. Could you identify the kinds you were seeing?
Lastly, since court complaints are public information, go read the complaint.
I think you should rethink what you are asking me in your big red paragraph and rethink of what I am asking the builder to do at this point.
The guy who I hired to repair the damage is still around and we do not feel the additional problems were caused by him. They have all his information, no one is hiding anything. I would hire the builder again who attempted the repairs again in a second. You need to understand also, that at this point, there is no more money. I can never live in that house again. I do not want to add to my health issues and it still has dangerous mold in it.
Edited
SoWal Expert
I have a reply for you destinscuba, if you want a thread to die, stop posting on it, encouraging responses.
Beach Lover
Bump::
Beach Crab
Even though I'm just thinking about buying a vacation property in this area, reading this thread compelled me to join the forum.
Bottom line: YOU DON"T BUILD A HOUSE WITHOUT A VAPOR BARRIER.
It doesn't matter where you live.....tropical storms or hurricanes as mentioned by gaiboi aren't the cause....gaiboi, if you had gone with your father on a few jobs during his 18 years of contracting you might be aware of this fact.....if vapour barrier isn't present you will have moisture!!!
The comments about the general contractor blaming a sub are also completely invalid. I've had multiple homes built....the role of the general is to make sure the subs do their job correctly!
Yippee, I'm sorry for the issues you're having. I know a family in my area going through the same thing......sick family members etc....
Bottom line: YOU DON"T BUILD A HOUSE WITHOUT A VAPOR BARRIER.
It doesn't matter where you live.....tropical storms or hurricanes as mentioned by gaiboi aren't the cause....gaiboi, if you had gone with your father on a few jobs during his 18 years of contracting you might be aware of this fact.....if vapour barrier isn't present you will have moisture!!!
The comments about the general contractor blaming a sub are also completely invalid. I've had multiple homes built....the role of the general is to make sure the subs do their job correctly!
Yippee, I'm sorry for the issues you're having. I know a family in my area going through the same thing......sick family members etc....
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