"hands on" wrote in message
...
On Dec 10, 4:27 pm, Bubba wrote:
On Mon, 10 Dec 2007 11:53:25 -0800 (PST), wrote:
On Dec 9, 10:57 pm, "
wrote:
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.

good luck- Hide quoted text -

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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- Hide quoted text -

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You had to "do" the insurance company? Was it good for you?

Why the reluctance to share the details? I'd like to hear the case
where you sue the insurance company instead of the responsible party.

Maybe "trader4", if you close your eyes, click your Ruby red slippers
together 4 times and say, "There's no place like home" you just might
hear the "case" in your own little feeble mind.
Id guess he doesnt want to share the details so he doesnt have to
watch you type out a 10 page post of nit picking drivel.
Bubba

The builder has 7 homes he built with no buyer. I get the feeling he
is trying to finish this up so he can fold the company. Many owners
are having the same problems. Also problems with water leaks and
concrete driveways cracking. Builders like this make them all look
bad.Funny thing, I asked for copies of all public records for my house-
(like building inspections),asked in person 3 times, phoned 5 times
and sent a registered letter last week. I think someone in the town is
trying to hide something.


Call the newspaper and ***all*** your local TV news departments NOW. If
you're in a small city like mine, they love stuff like this.

Public employees often do better work when faced with embarrassment and
humiliation. Television can help with this.