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

I would first read the fine print of whatever contract you signed with them.
Second, I would call a lawyer competent in the construction field





"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

On May 28, 8:39 am, "Old_Boat" wrote:
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

from buffalo ny: if you have been damaged in dollars, why not try come
to a repair or dollar settlement agreement in a meeting with the
insulation company owner and the competent repair company owner you
both agree on using when the insulation company is done filling the
cavities?
if you look at this as if it is a first dent in the outside of your
brand new car, you know you don't get to replace the whole car
interior for free.
you will be able to pay for a bathroom remodel out of your own pocket
someday using some energy dollars your insulation purchase has saved
you.
a lawyer may not be the tile expert you want him to be.

I like that: The OP should be happy he got a good insulation job, despite
the fact that the installer trashed his entire house doing it.

I'm guessing he would save just as much money in energy savings, with an
installation that didn't trash his house




"buffalobill" wrote in message
ups.com...
On May 28, 8:39 am, "Old_Boat" wrote:
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

from buffalo ny: if you have been damaged in dollars, why not try come
to a repair or dollar settlement agreement in a meeting with the
insulation company owner and the competent repair company owner you
both agree on using when the insulation company is done filling the
cavities?
if you look at this as if it is a first dent in the outside of your
brand new car, you know you don't get to replace the whole car
interior for free.
you will be able to pay for a bathroom remodel out of your own pocket
someday using some energy dollars your insulation purchase has saved
you.
a lawyer may not be the tile expert you want him to be.

"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

The one thing you might do to start is contact the state contractors
department. You might get some ideas of your options before contacting a
lawyer $$$$$. If they are willing to come out and do the repairs they are
omitting guilt, try and get something in writing. I would agree with you If
they are to incompetent to drill a simple whole in a wall I certainly would
not let them do any repairs. It also would make me wonder about the quality
of their work in the first place. I also would use a contractor of your
choice. It sounds like your in need of some not to simple repairs the wholes
in the registers can be a real nightmare. regardless of how old your tile is
that's not a factor.
Did you ever get a copy of his, License number, liability insurance and
workman's comp? It's amazing how many people never ask for any

On May 28, 9:30 am, "RBM" rbm2(remove wrote:
I like that: The OP should be happy he got a good insulation job, despite
the fact that the installer trashed his entire house doing it.

I'm guessing he would save just as much money in energy savings, with an
installation that didn't trash his house

"buffalobill" wrote in message

ups.com...



On May 28, 8:39 am, "Old_Boat" wrote:
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

from buffalo ny: if you have been damaged in dollars, why not try come
to a repair or dollar settlement agreement in a meeting with the
insulation company owner and the competent repair company owner you
both agree on using when the insulation company is done filling the
cavities?
if you look at this as if it is a first dent in the outside of your
brand new car, you know you don't get to replace the whole car
interior for free.
you will be able to pay for a bathroom remodel out of your own pocket
someday using some energy dollars your insulation purchase has saved
you.
a lawyer may not be the tile expert you want him to be.- Hide quoted text -

- Show quoted text -


First, I'd read what any contract with the insulation company says.
If it doesn't address this issue, and many contracts don't, then the
answer as to who gets to fix it goes something like this. If a
problem occurs due to the contractor, generally they are entitled to
an opportunity to correct it. For example, if I had plumbing work
done, and found at the end of the job that there was a small leak, the
plumber is entitled to a reasonable opportunity to correct it. Most
likely even a couple attempts. If you went out and hired someone
else to come in and repair it instead, there are two problems. The
first is, the plumber will probably tell you he's not going to pay the
bill, or at least not all of it. Second, if you went to court, there
is a good chance the judge would rule in favor of the plumber.

But, if a contractor screws up a job so badly that it's obvious he's
incompetent and incapable of doing it correctly, or what he damages is
clearly not his area of expertise, then the property owner has the
right to get someone else to fix it and the original contractor will
be legally obligated to pay. Think of the example of someone who
hits a golf ball through your window. The person doesn't have the
right to fix it or choose who does fix it. You are entitled to have
it fixed by any shop that is within reason and acceptable to you.

I'd say that in this case, this contractor has clearly established
that he is incompetent and I would not allow them to do the work if it
was my house. I agree with the suggestion to see if they will
negotiate a settlement. For starters, you should be owing them a
good bit of money, since you should not have paid the final full
amount. Get 2 or 3 estimates to repair the damage. If it's less
than what you owe them, tell them you are deducting it from the final
payment. If it's more, see if you can get them to agree to pay the
rest. If not, then small claims court is an option. However, as
always, getting a judgement and collecting it are 2 different things.

As to the issue of replacing all the tile in the bathroom, yes, you
are entitled to that IF matching tile is no longer available to make
an acceptable repair. After having a couple tile shops tell you that
it can't be obtained, you might want to send a short letter to that
effect to the contractor and give him an opportunity to find it within
10 days, etc. That way if you sue him in small claims, he can't show
up and claim that the tile was available, so a simpler repair could
have been made. If you do, send it both regular mail and with a
return receipt.

" if you look at this as if it is a first dent in the outside of your
brand new car, you know you don't get to replace the whole car
interior for free."


You're comparing Apples to Oranges

"you will be able to pay for a bathroom remodel out of your own pocket
someday using some energy dollars your insulation purchase has saved
you."

That logic defeats the whole purpose of trying to save money with the
insulation upgrade.


" a lawyer may not be the tile expert you want him to be."

He doesn't have to be a tile expert he just has to know what the contractor's
liabilities after damaging someone's house. Just a wild guess I'll go with
liability

I have never heard of such a dump ass way of looking at something.
How would you feel if some contractor damged your house?

On May 28, 10:45 am, "Sacramento Dave" wrote:
" if you look at this as if it is a first dent in the outside of your
brand new car, you know you don't get to replace the whole car
interior for free."

You're comparing Apples to Oranges

Yes, I'd say so. The correct analogy would be someone backing into
your car with a piece of rebar hanging off the back of their truck.
The rebar winds up making a hole through the door and on into the
radio. I'd say the guy is entitled to a new radio.




"you will be able to pay for a bathroom remodel out of your own pocket
someday using some energy dollars your insulation purchase has saved
you."

That logic defeats the whole purpose of trying to save money with the
insulation upgrade.

Not to mention that he has 15 holes through the tile wall of his
bathroom. He's supposed to just live with that, or maybe just fill it
with caulk, counting his energy savings, till someday he has enought
to fix it?




" a lawyer may not be the tile expert you want him to be."

He doesn't have to be a tile expert he just has to know what the contractor's
liabilities after damaging someone's house. Just a wild guess I'll go with
liability

I have never heard of such a dump ass way of looking at something.
How would you feel if some contractor damged your house?

"Old_Boat" wrote
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?


LOL. If this story is true, this is some funny sh!t !!!!!!!!!!!

"Evan" wrote in message
...

"Old_Boat" wrote
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?


LOL. If this story is true, this is some funny sh!t !!!!!!!!!!!
As a side note...I just had a sunroom put on the West side of my house that
involved removing the siding down to the studs on a wall that had been
insulated with foam some 30+ years ago. Literally no foam in the wall. It
seemed to have stopped just a few inches from the holes that had been
drilled. It could have been worse. I knew a foam insulation contractor who
told me way back then that his guys had blown the inside wall out with their
foam gun and filled up half the room with foam before they realized what had
happened. He went out of business when people started having reactions to
the formaldehyde in the foam. Just reminicsing.....

Tom G.

On May 28, 8:39 am, "Old_Boat" wrote:
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


They injected foam? I didn't know they still did that.

Just out of curiosity, what kind of siding do you have? Why didn't
they do it from the outside?

I suppose you didn't check to see if they were bonded. If so, you
could talk (or threaten to talk) to the bonding company.

I suppose you need to first allow him to try to fix it. But take lots
of pictures and video before they come back.

On May 28, 12:01 pm, Pat wrote:
On May 28, 8:39 am, "Old_Boat" wrote:

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

They injected foam? I didn't know they still did that.

Just out of curiosity, what kind of siding do you have? Why didn't
they do it from the outside?

If you read the post, they did do it from the outside.



I suppose you didn't check to see if they were bonded. If so, you
could talk (or threaten to talk) to the bonding company.

I suppose you need to first allow him to try to fix it. But take lots
of pictures and video before they come back.

He doesn't need to allow them back at all, even to fix their own
insulation work, if it's clear they are incompetent. And if the
facts are as stated, I'd say he has a very compelling case that they
are. Plus, why would anyone think a company that can't even install
insulation without wrecking a house, knows anything at all about doing
tile work?

Old_Boat wrote:

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



You can demand anything.
What you may get dpends upon the state in the work was done

You had a written contract, right? What does it say about damage?

After you read the contract, get out your digital camera and document
everyting. Then do a second et of photos.

Invite the compay owner over for coffee. No workers, just the owner.
Do the firsinvit by phne. If he won't show, do an ivite by mail, outlining
what you want to do at a meeting.

At a meeting:

1. Calmly go over every damage item, and each potograph with him.

2. Ask him calmly at each item if he would accept such work in his in
mother's house.

3. Suggest that the stuff needs to be fixed. Tell him that you want
to have
him and his company fix it, so that its both right and so
that it doesn't cost
him an arm and a leg. Remind him that s in oth his and
our interests.

4. Tell him that based on past performance the worker who did the
damage has lost all your confidence. Ask the owner if
based upon
the performance to date, he still has any confidence in
the woker.
Tell the owner that you are sorry, but you can not have
the worker
on our property again.

5. See what happens. Suggest that as a local contractor with a
reputation
to up hold, he should beinterested in getting this fixed
right away.
Suggest that he probably has connections with a tile gy,
and a HVAC guy,
and can get a contractors discount in getting the tile
and ductwork (IIRC)
fixed.

6. Remimd the guy it is going to get fixed one way or another.
That you wan t
to be a gentleman about it and give hi he first ance and cheapest
chance to
fix it.

7. Calmly and quietly tell him that if you have to get it fixed, you will
have to make claims on and notify his insurance comany and his
bonding
company. (Where I live, K's have to have bond and insurance, and
both are public record with the Construction Contractor's Board).

Call the state or local bar association and get referrals for lawyers in
you
area who do construcion or contract stuff. Where I live almost all the
lawyers will give away a half hour or one hour consultation through
the state bar lawyer referral service. Talk to a lawyer after you have
all your picures and your contract with the insulation guy in hand.

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

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.

"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.
Yes I saw his insurance and bonding paperwork before I signed the contract.
I will call the owner of the company tomorrow and see what he says. After I
saw the holes, I checked them all out and verified that he did not cut any
wires.
Evan if you think this is funny **** then I hope you never have a thing like
this happen to you. I have spent the last year and a half working on this
house only to have it trashed. It may be funny to you, but it aint funny to
me.I did check out the company before going with them and they did have a
good rep. Seems that the guy drilling the holes F#$%#ed up. Guess he was in
a hurry to get off for the holiday weekend.
Thank you all for the good suggestions

LJ

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.





Yes I saw his insurance and bonding paperwork before I signed the contract.
I will call the owner of the company tomorrow and see what he says. After I
saw the holes, I checked them all out and verified that he did not cut any
wires.
Evan if you think this is funny **** then I hope you never have a thing like
this happen to you. I have spent the last year and a half working on this
house only to have it trashed. It may be funny to you, but it aint funny to
me.I did check out the company before going with them and they did have a
good rep. Seems that the guy drilling the holes F#$%#ed up. Guess he was in
a hurry to get off for the holiday weekend.
Thank you all for the good suggestions

LJ

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.
Yes I saw his insurance and bonding paperwork before I signed the
contract.
I will call the owner of the company tomorrow and see what he says. After
I saw the holes, I checked them all out and verified that he did not cut
any wires.
Evan if you think this is funny **** then I hope you never have a thing
like this happen to you. I have spent the last year and a half working on
this house only to have it trashed. It may be funny to you, but it aint
funny to me.I did check out the company before going with them and they
did have a good rep. Seems that the guy drilling the holes F#$%#ed up.
Guess he was in a hurry to get off for the holiday weekend.
Thank you all for the good suggestions

LJ

I don't think it's funny, it's a real shame the way they pass out
contractor licenses. Unfortunately your one of many. You might check if your
not happy with arbitration I believe you can get a lawyer. But you should
contact the state contractors board and report the incident. good luck and
hold your ground until your 100% satisfied

"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.