On Dec 9, 10:24 pm, wrote:
On Dec 9, 2:40 am, "
wrote:





On Dec 9, 11:06 am, aemeijers wrote:

Oren wrote:
On Sat, 8 Dec 2007 13:37:20 -0800 (PST), hands on
wrote:

It's been a few days since this discussion began, so you've had some time to
contact a lawyer. What did he/she say about the situation?
recommending class action, neighbors having same issues.

More reason for a lawyer. A Judge will determine if the case is class
action or not.

What does the agent for home owner's insurance say? Unleash their
lawyers.

OP didn't say- one builder or multiple builders? And how many
judgement-proof disposable companies are in the chain of ownership and
financing for the subdivision? And does case law in the area give them
the out of 'well, it passed inspection- sue the county'? Hopefully the
lawyers OP and neighbors hire will research all that before they run up
a big bill and get told the case is not worth pursuing.

None of that is what OP wants to hear, I realize. I have seen
subdivisions like that, built on filled-in wetland, or over sinkholes.
There are several in this town, where the footer or slab level of the
houses is maybe 3 feet higher than the picturesque brook that runs
through the subdivision. A heavy rain, and there is ponding all over
the place. A local developer just did an infill of modular houses
dropped on garbage lots like that in a bottom-land subdivision that
failed at least 40 years ago, judging by the existing houses. Bulldozed
out all the typical bottom-land brush that had sprung up and
hydroseeded, to make it resemble actual lawns, and sold them off to
clueless entry-level buyers. This subdivision is obvious blatant flood
plain, to anyone that looks at a topo map. A wet spring and a bad storm,
and the half-ass river a block away will be running through the
neighborhood.

Some land should not be used for anything but swamp/woods, or maybe
moisture-loving crops. But there is basically no inspection or land-use
planning (other than shopping centers or casinos, of course) in this
township. Having grown up in the business, the red flags jumped out for
me. They would likely have jumped out for anyone that grew up on a farm,
as well. Most folks don't have a chance to gain that knowledge growing
up, and have to learn the hard way. Solid hard ground is scarce around
here- topography is mainly swamps and old sand dunes with a thin coat of
topsoil.

aem sends...

you cant sue the builder but you can sue the builders insurance
company

Who says you can't sue the builder? Insurance isn't protection
against anyone suing you. In any case like this, you sue the party
responsible, because they are the ones who did the damage. You have
no direct case against their insurance company, who did nothing
wrong. If there is an insurance company with a policy in place
that covers what is being sued for, they will get involved, settle, or
go to court to defend against the suit. But it starts with suing
the party responsible, not their insurance company. Suppose you did
sue the insurance company, and the suit results in a judgement for
more than the insurance company policy, but the builder has plenty of
other assets. Does that mean you should just walk away with whatever
you can get from the insurance company policy limit? When you sue
the builder, if you get a judgement and it's covered by insurance, the
insurance company will pay up to the limit. Any excess results in a
judgement enforeceable against the builder himself.



thats why they have builders insurance and that will make it more
expensive to
get insurance later and prevent him from doing this to others........
see if the builder
built close by and check other properties and go through a class
action.

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I have just been through it, so without going through the nitty gritty
you are partly right but it was the case with mine over the same thing
But i had to do the insurance company for the builder not the builder
in the end
But both will suffer in the end.
Weather you agree or not .....Thats what happened