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I'm a bit surprised your case got thrown out by the magistrate. My parents sued their GC in Wake County small claims for a similar situation (shoddy work that caused damage to their house) and the case went to trial and they won. Granted they haven't gotten a red cent out of the shyster despite filing liens against what little property he had in his name but they certainly weren't told to take a hike by the court.
Ah, yes, same scenario, maybe in my ramblings I confused you
Magistrate in small claims court dismissed our case there, made no judgement, and suggested going to district court. We cannot appeal to small claims, but district court will cost us for an attorney, probably at least what we are owed.
And as far as collecting, yes it's the same in a small claims judgement - you have to TRY to collect, liens, confiscation of property to be sold to recoup the $$$...etc.
We are looking at a few options.
I suggest folks do as much research as possible when deciding on a builder. The internet can be a great tool for finding out the good as well as the bad
Quote:
Originally Posted by evaofnc
I'm a bit surprised your case got thrown out by the magistrate. My parents sued their GC in Wake County small claims for a similar situation (shoddy work that caused damage to their house) and the case went to trial and they won. Granted they haven't gotten a red cent out of the shyster despite filing liens against what little property he had in his name but they certainly weren't told to take a hike by the court.
We easily won a small claims case and like Eva's parents ^ we haven't seen a red cent. What's the point? We had a different type of problem but besides the $3000 we initially lost, we lost hundreds more by doing everything we've had to do to try to get money from them. a joke only it's not funny to us!
Yeah Mike that's what we thought when we dragged him to small claims, but not the case. NCLBGC is on the table now.
Quote:
Originally Posted by MikeJaquish
A fire and brimstone letter from an attorney, mentioning the NCLBGC among other dire consequences, may be all it takes to shake a couple grand loose.
The GC doesn't want to be sued and have to answer to the licensing board and file an insurance claim for a lousy couple grand.
Good question. strangely the correct gauge wire was used before the drywall went up, which supports the GC's lame response when I questioned why a 20A was installed:
"The electrician didnt have a 30A on the truck so he used a 20A so that we can get the inspection done"
I found out they never got a permit for the 30A outlet install, probably because he would have had to pay again. The building dept. now knows that there was work done after the final, though not sure they can do anything now, since they referred me to the electrical board and the board of contractors.
Quote:
Originally Posted by don6170
Slightly OT, but when the 30-amp outlet was installed, did the electrician run new cable? He probably pulled 12-gauge for the original 20-amp outlet that was installed. A 30-amp circuit needs 10-gauge.
Yes, seems you may have filed in the wrong court. My understanding is that in NC, small claims court is available only for 3 types of claims: (1)the collection of money owed, (2) the recovery of personal property, (3) or landlord/tenant eviction proceedings.
Not true; see LANC - Small Claims Booklet - Ch. 1. However, some cases are complex enough that they should be handled by a lawyer.
Agreed - my understanding is probably incorrect. Clearly there's not much reliable official information out there about what the small claims courts will and won't handle.
We had done some research and were pretty sure we filed in the right place. We have a strong case, too bad the magistrate wasn't awake for our case. How (more) cut n dry could this be?
GC builds garage, subs work to his electrician
Electrician installs outlet AFTER final inspections were done (no new permit or inspection)
Electrician wires outlet incorrectly, causes $2K damage to our motorhome
GC takes no responsibility, says I need to go after electrician
We had done some research and were pretty sure we filed in the right place. We have a strong case, too bad the magistrate wasn't awake for our case. How (more) cut n dry could this be?
Quote:
Originally Posted by knagy389us
GC builds garage, subs work to his electrician
So I presume you have a written contract with the GC? Does that contract spell out the specifications for the outlet?
Quote:
Originally Posted by knagy389us
Electrician installs outlet AFTER final inspections were done (no new permit or inspection)
What does your contract with the GC say regarding responsibility for pulling permits and getting inspections? Did the contract make it his responsibility to get all necessary permits? Did you insist on proof of permits or inspections for the additional electrical work? If not, why not?
Quote:
Originally Posted by knagy389us
Electrician wires outlet incorrectly, causes $2K damage to our motorhome
Incorrectly as defined by written specifications?
Quote:
Originally Posted by knagy389us
GC takes no responsibility, says I need to go after electrician
Does your contract with the GC state that he is responsible for the work performed by subcontractors? Does it have any provisions regarding liability for damages to other property caused by defects in the construction?
I'm not trying to argue the case with you (or against you) - just trying to highlight there are always questions, and things are rarely as cut and dry as one party to a dispute thinks they are.
Small claims court is run by a magistrate, not a judge. Maybe that is why they referred you to a different court.
About 10 years ago, I went with a friend of mine to small claims court. Someone was trying to get money from her. I thought it was "cut and dried" too, as she had all the documents spelling out who did what and who got paid.
Magistrate was about to rule against her BUT she had a copy of the LAW that specified who got paid for what and it showed that she couldn't pay this person as it was against NC law!!!
So...magistrate had to leave the bench, go check out the law and come back to rule in favor of my friend!
Vicki
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