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TooFarTampa

SoWal Insider
1st in 59, you are assuming that good contractors don't make mistakes. Everyone, including myself, has made a mistake at some point in time. I don't know the builder or the homeowner, but to think that someone who has been in business for a long time and gets compliments from some people, cannot make a mistake, is bad math. I'm not saying the builder did mess up this particular build, but I am saying that it is possible for even good builders to screw it up on occasion.

Everyone and I mean everyone screws up from time to time. IMO, anyone planning to build a home or hire someone for any big job should always ask references about what problems have come up and how they were resolved! Smart & gracious problem solving is the mark of a good builder, contractor, or anything for that matter.
 

Rita

margarita brocolia
Dec 1, 2004
5,318
1,031
Dune Allen Beach
1st in 59 - I have followed Yippie's posts through this thread and find him/her to be very straight forward, logical, and seems to have been wronged by her/his builder and his insurance company. I don't see exaggerations or anything that would lead me to believe he/she's not on the up & up. jmo.

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yippie

Beach Fanatic
Oct 28, 2005
946
42
A local
1st in '59;377206]OK, my last post on this topic. And I'll be frank. Something's screwy about your posts. For someone who was supposed to be dead 3 days ago, you're a very lively poster. If I had "6 days to live" as you posted 10 days ago, the last thing I would be doing is wasting my last moments on earth posting on SoWal. I like the site, but not that much. Second, I'm pretty certain I know who you are (court records aren't that hard to search). So how about you answer a few questions honestly in this open dialog that you've encouraged. Does your builder have any other dissatisfied clients or are you you the only one? I think he/she's been in business a long time. Seems like by now they would be rallying to your cause and falling over each other to trash him/her. I haven't seen a single other post from a dissatisfied customer, only people defending his/her reputation. Have you ever been involved or are you currently involved in any other litigation? Have you been involved in any disputes with neighbors or city/county/government officials?

To begin with, I think you are hanging on a few word a little much aren't you?

I'll answer your questions.

1. Does my builder have any other dissat...... I don't know and I am not concerned if they do. What they have done to me was and is wrong. I am dissatisfied and that is what this discussion is about.

2. I know how long they have been in business and there are a lot of people in this area who have been in business that long and a lot longer. What difference does that make? What they did at my home was wrong and the way they handled the situation, too, is wrong.

3. About the rallying part, are you assuming everyone across the panhandle reads and post on this website?

4. Frankly, I haven't seen that many people defending or deflating their reputation. I have seen a lot of opinions on right and wrong and other comments.

5 & 6. Neither of those questions are really any of your business, but anyone in business or frankly who exist has been involved in a didpute or a few, including the builder. Since court records are not that hard to search, and they are public knowledge, I think you can see disputes from not only myself, but the builder as well. AND MORE THAN LIKELY YOU TOO!


You didn't answer my question on where your medical degree is from? Why don't you answer that question? Answer it honestly, everyone is watching!!!

And I will agree with Smiling Joe, everyone makes mistakes and you assuming that this builder, who you obviously know, has never made a mistake isn't an assumption I would make. You remember what assumption means don't you?

Had the builder stepped up to the plate and accepted responsibility for his "mistake", then we would not be in this discussion right now. And, I probably would not be one of their dissatisfied clients. I would be tickled pink that they admitted their error and had the integrity and ethical principles to correct the problems they caused. Unfortunately, they did not do that and we are still discussing it, aren't we?
 
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yippie

Beach Fanatic
Oct 28, 2005
946
42
A local
I know it may not help but I am truly sorry that you are going through this nightmare right now.

Thank you for this information and if you could, please tell me what to look for if I am going to have a house built in the near future so that I do not face the same type of problems.

I would have to agree with the above poster. Talk to previous clients, ask for references, etc.

Unfortunately, when I purchased my home, they had not been in business that long. I was new to the area and frankly stupid enough to "assume" if a house was brand new, it should be built to at least minimum standards.

I have learned a LOT from this nightmare and I hope others have second thoughts too about who they would hire to build their home.

Again, one bad apple upsets the apple cart in any business. Just makes it more difficult for the others in the same business.
 
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Matt J

SWGB
May 9, 2007
22,683
2,828
As much as I don't want to further this thread I do have to interject some facts.

I am going to be as vauge as possible and am not posting any links to information. Unless the need arises.

The building in question was built in 1994 and purchased in 1995. You are the first and only owner of this building. I am not disputing the fact that a moisture barrier may or may not have been installed or installed improperly. However I do have to ask if anyone else on here with building experience finds it reasonable that a builders liability ends at a certain point?

The building in question went thru the following hurricanes and tropical storms:

1995
Tropical Storm Allison
Tropical Storm Dean
Hurricane Erin (Category 2)
Hurricane Opal (Category 3)

1996
Tropical Storm Josephine

1998
Hurricane Earl (Category 1)

2000
Tropical Storm Helene

2001
Tropical Storm Allison
Tropical Storm Barry

2002
Tropical Storm Arthur

2004
Tropical Storm Bonnie
Hurricane Frances (Category 2)
Hurricane Ivan (Category 3)

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.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
swgb said:
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.

Sounds like you are very familiar with this case. Maybe too familiar. If the general contractor is going after the subcontractor, I'd guess that he too is liable for the work. He can delegate jobs, but he cannot delegate responsibility. If the sub failed to put on the vapor barrier on parts of the home, the Gen. Contractor should go after him, but that shouldn't stop the home owner from pursuing action against the Gen Contractor. The General Contractor is the one who was paid for building the home. That sounds pretty cut and dry from an outside point of view.

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.

BTW, I know of plenty of homes in this area which also weathered those storms without these problems of mold.
 
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Matt J

SWGB
May 9, 2007
22,683
2,828
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.

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?
 

yippie

Beach Fanatic
Oct 28, 2005
946
42
A local
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.
 
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yippie

Beach Fanatic
Oct 28, 2005
946
42
A local
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!
 
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