"jJim McLaughlin" wrote in message
...
Old_Boat wrote:
"cc" wrote in message
ups.com...

On May 28, 2:01 pm, "Art" wrote:

This is so bad, report it to the state attorney general office. Don't
let
them touch your house any more. Call a lawyer. Check with the BBB if
you
haven't already. Wonder if they cut any wires.

"Old_Boat" wrote in message

. ..




Hired an insulation company to put foam insulation in my walls. The
installer had to drill holes in the outside of the house to put the
foam
in. Long story short, he drilled 20 holes through the wall in one
bedroom
all the way through, 15 holes thorough the bathroom wall popping off
the
ceramic tiles on the inside walls, drilled through 4 side wall
registers,
and one other place in the walls. They want to come fix it using the
same
guy that messed it up. I am not comfortable with this response. I know
they tile will not be able to be matched as it is 50 years old. Can I
demand they retile the entire bathroom so the tile matches? Any ideas
what
my legal rights are with this situation. Can I demand that they pay for
a
competent company to make the repairs?

LJ- Hide quoted text -

- Show quoted text -

Spent three years pursuing faulty workmanship in a new house build,
supported by extensive written documentation (contracts, addendums,
faxes, phone logs), spent $36K in attorney's fees for $90K in damages
to new house, ended in contractor settling out of court for only $30K,
of which he paid $10K. Had to go back to court to reinforce payment of
the remaining $20K, of which he has paid nothing and the courts cannot
enforce it. Lesson: there is no protection in court, the only
protection you have in this country is to make sure you are dealing
with a human being and not merely an excuse for mankind. The
contractors understand how far they can push you, how far the courts
will back you, and how insufficient enforcement is. Good luck.


Yes I have a signed contract. It does not specifically address damage
caused by the contractor only that claims against workmanship will be
settled by the American construction industry arbitration rules.


S**t.

S**t.


S**t.


Arbitration is a crooked game fixed against the consumer.

Get a copy of the arb. rules before you talk to a lawyer.

The Oregon Court of Appeals, last February, threw out, en masse,
arbitration clauses in almost
ay consumer context. Great decision.



Unfortuntately the morons on the US Supreme Court will put the arbitration
clauses back in. It was the US Supreme Court that made arbitration clauses
universally enforcable based on a federal law that was intended to apply
only to commercial agreements. Unfortunately the US Supreme Court decided
that the law applied to consumer agreements too. The only way you can get
out of an arbitration clause is if there is an error in the clause or
contract.... for example only the husband signed the contract so the wife
can still sue and avoid the arbitration clause because she also owns the
damaged house but did not sign the contract. Another way is if you can
convince the court that the suit is not covered by the clause or perhaps the
corporation is not in good standing with the state.... i.e. some
technicality.