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margarita1

Beach Crab
Mar 19, 2008
4
0
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?
 
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yippie

Beach Fanatic
Oct 28, 2005
946
42
A local
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.
 

Yellow Hammer

Beach Lover
Feb 14, 2007
54
4
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
 

yippie

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

destinscuba

Beach Lover
May 9, 2007
180
58
on Eastern Lake
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.
 

yippie

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

Yellow Hammer

Beach Lover
Feb 14, 2007
54
4
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.
 

scooterbug44

SoWal Expert
May 8, 2007
16,736
3,327
Sowal
This whole situation is very unfortunate, but I don't understand what more can be done beyond expediting the settlement/resolution process. :dunno:
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:
 
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