Am I being unreasonable?
santabarbaratara
7 years ago
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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 (49)Reading this post just made me text my boyfriend and tell him what a good boyfriend he is and how much I appreciate him. You remind me a lot of me. I'm 31 now, but I dated a slew of guys who were takers while I am a giver. My ex bfs were not as bad as yours, they were actually ok guys who just didn't have it in them to be good boyfriends. I am a social worker and have dated a lot of "fixer uppers", LOL, it's in my nature. I accepted less than I deserved from a relationship hoping they would come around and actually be the kind of boyfriend I really wanted. None of them ever did. Then, I started dating someone completely not "my type". Didn't look the my usual type, didn't act like my usual type, wasn't into the same things as my usualy type, etc. He's the best boyfriend I've ever had, we've been dating a year now. He pays for things when I'm low on cash, he walks my dog so I can sleep in, he made a REAL effort on my birthday and surprised me with something very sweet, he drives over an hour multiple times a week to spend time with me, he tells me all the time how much he appreciates and loves me. I'm not a big Dr. Phil fan, but I've come to rely on something he says all the time: "When someone shows you who they are, believe them!". Your boyfriend is an @ss, pure and simple. He treats you like crap despite all the nice things you do for him. At least if you were his maid and whore you would be getting paid for it! Right now you're doing it for free with no appreciation or reciprocation. Be single and happy and the right guy will come along. It has nothing to do with how attractive or not attractive you are. Actually I've seen a direct correlation with guys who think they are soooo good looking and being shallow pieces of crap. Don't settle for any less than a guy head over heels about you who shows you constantly how much you mean to him. Try dating guys you usually don't, maybe you'll be surprised by what you find!...See MoreUneven baking - Am I being unreasonable?
Comments (44)Joanie, oven heating elements have always cycled on and off to maintain heat, so I don't think that is new. But I do agree that how they do it can create problems. In a former home, we paid to upgrade the builder's standard (above average) appliances. We got a gas cooktop and a DW we loved, but as excited as I was about the Whirlpool double ovens (my first DO), they were awful. The tops of everything burned quickly with the rest uncooked. The broiling element was coming on to maintain the heat setting and everything was broiling. I had a tech come out and test it, spent a long time on the phone and said he couldn't believe that the Whirlpool folks said that was how it was designed to work. I resorted to placong my pizza stone on the top rack to protect my baking. I need to replace my oven -- or maybe see if it can be repaired after reading this. I have Wolf DO now. I've has several service calls, but I do like the way they cook. If I replace, I will probably go with Wolf again....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 MoreAmber
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