• We should now be fully online following an overnight outage. Apologies for any inconvenience, we do not expect there to be any further issues.

Did this open a can of worms?

Status
Not open for further replies.

Gibson486

Lifer
Aug 9, 2000
18,378
2
0
Cliffs..

-Battling contractor about quality issues. They are doing fix up work on a really old building (more than 100 years old)
-Contractor threatens to report structual issues that no one was aware of.
-Went to a lawyer, he said that he does not want to get involved because it wold cost too much.
-Lawyer says to say that reporting this is simply a threat and that he does not have the knowledge to make such a statement.
-<-----not to sure about that.
-want 2nd opinion from another real lawyer, but no other will give me the time.
-no other choice but to ask ATOT lawyers (forgot who they were)
 

DaTT

Garage Moderator
Moderator
Feb 13, 2003
13,295
122
106
Sooo, let me get this right. You hired a contractor to do some work for you, he doesn't want to correct a deficiency list so he threatens to report structural instability?

Why exactly is he threatening this? Does he not want to fix his fuck ups? Where did you get his name? Bottom of a cereal box?
 

ussfletcher

Platinum Member
Apr 16, 2005
2,569
2
81
Good luck fighting this, if you don't pay (or don't pay the full amount) he'll file a lien.
 

Spikesoldier

Diamond Member
Oct 15, 2001
6,766
0
0
you should threaten to inform his workers that they were subject to an unsafe working condition despite boss' knowledge of the structural danger.
 

D1gger

Diamond Member
Oct 3, 2004
5,411
2
76
Cliffs..

-Battling contractor about quality issues. They are doing fix up work on a really old building (more than 100 years old)
-Contractor threatens to report structual issues that no one was aware of.
-Went to a lawyer, he said that he does not want to get involved because it wold cost too much.
-Lawyer says to say that reporting this is simply a threat and that he does not have the knowledge to make such a statement.
-<-----not to sure about that.
-want 2nd opinion from another real lawyer, but no other will give me the time.
-no other choice but to ask ATOT lawyers (forgot who they were)

IANAL, (but I am a contractor).

I think you are in a very tough spot. As much as you may be right about the shoddy work the contractor has done, all he has to do is talk to a municipal building inspector and tell them he is "concerned" about structural issues, and the inspector is likely to look into it.

If there are structural issues, you will be on the hook to fix it. If there aren't then you can resume your war against the contractor.

Your contract with him should have some wording regarding dificiencies and dispute resolution.

You need to find a lawyer that specializes in construction disputes.
 

Theb

Diamond Member
Feb 28, 2006
3,533
9
76
So you have some construction in progress and you have a body to hide? I'm not seeing the issue.
 

bonkers325

Lifer
Mar 9, 2000
13,076
1
0
Cliffs..

-Battling contractor about quality issues. They are doing fix up work on a really old building (more than 100 years old)
-Contractor threatens to report structual issues that no one was aware of.
-Went to a lawyer, he said that he does not want to get involved because it wold cost too much.
-Lawyer says to say that reporting this is simply a threat and that he does not have the knowledge to make such a statement.
-<-----not to sure about that.
-want 2nd opinion from another real lawyer, but no other will give me the time.
-no other choice but to ask ATOT lawyers (forgot who they were)

was there a pre-construction survey done? any photos taken prior to work? who is the inspector on the job?

if there are structural issues, then the first thing that happens is a structural engineer is retained to evaluate the structural stability and overall condition of the building. if there is no engineer, then there is no assessment made and therefore he cannot report you.

contact a structural engineer in your area, or a lawyer who specializes in construction law.

edit: if the structural issues are obvious, then you have no choice but to fix it. however, if you can prove that the contractor caused these issues then you can pin the costs on him.
 
Last edited:

FDF12389

Diamond Member
Sep 8, 2005
5,234
7
76
was there a pre-construction survey done? any photos taken prior to work? who is the inspector on the job?

if there are structural issues, then the first thing that happens is a structural engineer is retained to evaluate the structural stability and overall condition of the building. if there is no engineer, then there is no assessment made and therefore he cannot report you.

contact a structural engineer in your area, or a lawyer who specializes in construction law.

edit: if the structural issues are obvious, then you have no choice but to fix it. however, if you can prove that the contractor caused these issues then you can pin the costs on him.

This
 
Status
Not open for further replies.