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....