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It seems that there are contractors here than may have run the gamut if experience so 'll give it a try.
Mea culpa....did sign a contract with almost no protection after Hurricane Irma. (Have posted a couple of questions about sub-standard work)
I do believe it's lawyer up time but haven't the slightest idea of what the specialty is when I look for one.
Although I wouldn't be the only one, I do know that Class Action suits can both take lots of time and often enrich the lawyers more than the complaints.
What do I look for ??
One of my biggest concerns is this company can just claim bankruptcy, regroup under another name and suffer very little.
It seems that there are contractors here than may have run the gamut if experience so 'll give it a try.
Mea culpa....did sign a contract with almost no protection after Hurricane Irma. (Have posted a couple of questions about sub-standard work)
I do believe it's lawyer up time but haven't the slightest idea of what the specialty is when I look for one.
Although I wouldn't be the only one, I do know that Class Action suits can both take lots of time and often enrich the lawyers more than the complaints.
What do I look for ??
One of my biggest concerns is this company can just claim bankruptcy, regroup under another name and suffer very little.
Google "construction law attorneys" in your city. Look for a general business law practice. They could speak to your concerns specifically or refer you to someone that can.
Here is your problem. A good construction lawyer will cost $400 an hour or more in most areas, and they are mostly involved in large commercial projects or giant housing tracts. There are law firms that specialize in homeowner defect litigation lawsuits. Most of them are shysters but there are a few looking to honestly help you out and make a reasonable fee.
Many will convince you to make absurd claims based on junk science claiming each house needs hundreds of thousands of dollars of repair work. Usually they try to claim grading (soils) or foundation (concrete) deficiencies. So let's say you have a $600,000 house. You claim it is defects amounting to $400,000 in needed work. You happily make that claim even though ti sounds a bit absurd to you. Then you happily accept a settlement of $80,000 per house because you know there is really only $20,000 needed to re-flash your windows or whatever the real issue is. Of the $80,000 your lawyers and expert witnesses take $50,000. You are still happy because you are netting $10,000 more than you need to fix the house, so you go out and buy a new camping travel trailer, or a boat or whatever.
Then two things happen. You accountant tells you you will have to pay income taxes on at least some of the settlement unless you can prove the house really needed more repair than the amount you settled for. Second you bank calls you up and tells you they have a $450,000 loan on a house that you have asserted needs $400,000 worth of repair work. They tell you you have three months to complete that repair work and send them proof or they will call the loan because they are now under-secured. You have $20,000, but you must do $400,000 in unnecessary repair work or lose your house to the bank. Maybe you can live in your boat.
This is not always the story, but it happens all too often. The lesson is be vary careful, avoid lawyers who amp you up about a huge claim, think through what the end result will be. If the lawyers have a slick power-point show or want to throw a party at your house to discuss potential claims with all of your neighbors, run away. Get your house fixed and move on. Do not let anyone convince you this is your ticket to wealth.
Finding a competent lawyer is hard. the shyster slick willie homeowner defect firms are abundant. The small time general practice lawyers who know nothing, but managed to stumble their way through a couple of lien collection cases or even a defect case or two and now tout themselves as "construction lawyers" They will get eaten up by the developer or contractors insurance C.D. specialized lawyers who have handled hundreds of these cases. The bar referral program is of little use. They do nothing to vett the lawyers they refer. If the lawyer is in good standing and claims to practice in this area, they will refer them. Some states may have a few references from the lawyer's relatives, or a happy client here and there that tells you nothing at all.
So how do you hire a good construction lawyer? That is an extremely difficult question. One answer is to find a local builders association. They will be flooded with attorney members looking for business. Get in touch with some of them and find out who the major players in home owner defects are. Find lawyer who specialize in defending such claims and ask them which plaintiff lawyers they respect. Get a ton of opinions and look for names that come up frequently. It is a lot of work and will may take a hundred(s) of hours just to find the right attorney. It might be worth it though if it keeps you from losing your house. You are treading in dangerous waters and there is no one to guide you, at least not completely honestly without any bias or agenda.
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