Backslash - Am I being unreasonable?
romy718
10 years ago
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10 years agoILoveRed
10 years agoRelated Discussions
Build in progress....am i being unreasonable?
Comments (11)Worthy, I hate to say it but I've seen similar state-mandated warranty standards used in my jurisdiction as an excuse for NOT having to repair substandard work. Specifically, the standard you cite indicates that cracks visible from 6 m under normal lighting conditions... are not acceptable . Unfortunately, an attorney representing the builder would argue ( and probably successfully) that this standard means that cracks visible at any distance up to 5.9999 m under normal lighting conditions are acceptable and therefore don't have to be repaired. And furthermore, the burden of proof is on the homeowner to show that the crack he is complaining about is visible at a distance of 6 m or more. Showing that it is clearly visible at 5.9 m and therefore highly likely to still be visible at 6.0 m isn't good enough. For those not familiar with metric measurements, 6 m is just under 20 feet! I rather doubt the ceiling of OP's patio is 20 feet above the ground. It is probably more like 10 to 15 feet above the ground which means it is probably only 4 to 10 feet above the eye level of a person standing on the patio. Thus, under those warranty standards, an attorney would probably argue that, even tho the cracks are clearly visible to anyone standing on the patio, OP must first prove that the cracks ARE be visible from a distance of 20 feet before builder should have to repair them! Since it might be impossible to back off 20 feet from the patio ceiling (even lying down on the floor would only put you 10 to 15 feet away), builder's attorney would argue that OP has failed to meet his burden of proof to require builder to repair. This is a ridiculous result but I've seen exactly this kind of thing happen here in Texas where our state-mandated warranties are often very similarly worded to the example you provided. It's great that you think the standard means that If you can see the repairs from the ground in normal light, they're not acceptable. This tells me that you're a builder who takes pride in his work and wants to do a good job. I wish every builder - and the law - agreed with you. But at least in my jurisdiction, that is NOT how that warranty standard would be interpreted. IMHO, - and I suspect you agree with me - cracks in trimwork should not be noticeable under normal lighting conditions to any person within the built environment who is not specifically hunting for cracks in the trimwork. When one is within the environment where the trim work is located, one should notice the trimwork and not notice any cracks in it. If cracks can be seen from any location where a visitor would normally stand, then the cracks should be repaired. Thus, cracks in trimwork located closer to normal eye-level should have to be more carefully repaired than cracks in trimwork located 20 or 30 feet above the ground. Unfortunately, lawyers don't write warranty standards that way. My experience is that the more specific and detailed a standard is, the more likely it is that a bad builder will be able to use it to excuse shoddy workmanship....See MoreAm I being unreasonable?
Comments (10)I'm guessing they haven't even ordered the cabinets yet. Never pay 100% in advance unless you want the work incomplete, shoddy, or not done at all! If you had paid for the cabinets in advance the first time, you wouldn't have had any leverage to get them to fix the poor quality. Asking for more than 8-10% up front is not standard in the construction industry according to an engineer I talked to who supervises contractor work. Even good companies often need a little holdback to be motivated to finish the job....See MoreAm I being totally unreasonable?
Comments (4)I think you're being perfectly reasonable. They are your son's children, it's up to him to raise them, not expect you to raise another family when you should be thinking of retiring and putting your feet up. Why on earth would he marry someone who doesn't want his children? (Well, I can guess...) He can sure pick 'em. This is a tricky one. While it was kind of you to take up the slack when your son was partnerless, it was not right for him to assume the arrangement would be indefinite. When he started getting serious with his now wife, that was the time for him to have had "the talk", as in, "my parents can't spend the rest of their lives raising my children, and I'm going to need your help in this." If she wasn't prepared to help, she should have cut and run at that point. If you refuse to care for the children any more, what are the options? Will he get child care/change jobs so he can be home to raise his children/surrender them to social services? If the last, how would you feel about that?...See MoreAm I being unreasonable? Hardwood Flooring Issues
Comments (9)Oh dear. Insurance contractor working on a TIGHT budget because that's the type of BID s/he puts through! His low-ball bid won the contract. If my assumption above is correct, you need to call the insurance company and tell them the issues (code violations, not following industry standards, etc). Get them to STOP the work. If the insurance company will NOT stop the work, you go ahead and PAY for a certified tile inspector for the bathroom and a certified wood flooring professional for the wood flooring install. Those TWO documents will cause BIG issues with the insurance company. They become legal documents STATING what went wrong. It would then be up to the GC/insurance company to PAY FOR the PROPER installation of ALL materials (imagine an insurance company deciding NOT to pay out a claim later on because one of their OWN GCs did NOT follow industry/code requirements....yah that's just a legal quagmire you do NOT want to find yourself in). Do your BEST to STOP WORK and have someone else have a look at it. If you have to, get the insurance company's own 'inspector' to come out and investigate their own workers. The wood planks SHOULD HAVE BEEN culled by the INSTALLER. That is INDUSTRY STANDARD. Yes sanding and putty is going to make this look a lot nicer....but the INSTALLER should have known better. And that tells me the GC used a 'guy' and not a PROFESSIONAL flooring installer. The same goes with PROFESSIONAL tile setters. The GC chose the CHEAPEST ROUTE and went with 'hammer swinging guy' who was, just yesterday, the company gopher (the guy who needs to go'fer coffee or go'fer nails or needs to go'fer lunch)....See Moreromy718
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