Quote:
Originally Posted by miamiblue
... Yes, we are already into the thousands in repairs, with more to go. I spoke to an attorney who specializes in construction law, and she felt that our "damages" at this point were not at an amount where it made sense to hire an attorney to file a civil suit.
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Don't forget the intermediate step of a Small Claims Court suit. Have your attorney write a letter threatening this step.
Quote:
Originally Posted by miamiblue
... I have contacted the builder, and we have an extensive trail of email regarding these issues dating back to when we first discovered the problems during our home warranty. They stated that they're not legally responsible, ...
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Since they've lied to you several times, it's no surprise that they claim they're not responsible.
Quote:
Originally Posted by miamiblue
... I'm definitely going to threaten to contact the NC Contractors Licensure Board if they aren't willing to reimburse us. I've confirmed with the City Inspections Department that flashing is a code item with no time limit and the builder is responsible.
We're also considering threatening to go to the media (Five on Your Side, the N&O). They are getting ready to start a new development that the N&O reported on the day we found out how bad our damage was, so I'm sure they wouldn't want the negative publicity. ...
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These are all excellent moves or threats. Add to that, hit them on social media, Facebook and any other site that allows you to state facts which could hurt their business. (And remember, facts, not rants!)
NC Dept of Justice has a scam and fraud department that might help. file a complaint about the lies and misrepresentation of their Warranty.
Home Warranties
Your biggest hurdle isn't to prove to the builder that you were wronged, it is to prove to them that you won't go away.
Also, a similar experience I had educated me on a point: The builder doesn't want to argue construction methodologies, he want's an offer, counter offer, etc. This is a negotiation, consisting of an offer and counter, and counter-counter, etc.
Evaluate all about the damages and repairs and come up with a dollar number that you think is a fair estimate to make it all as it should have been.
Give that number to your lawyer. He will ask for a gob more, and bargain down, using your other steps above as leverage.
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