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Who's Gonna Pay?
#1
So I bought a new home, about 9 months ago. So far been problem after problem. What happened today just makes my blood boil. They have just layed sod and graded. Some bright fellow decided to make a direct path for water to head right towards the vent for my basement cool room. Perhaps that wasn't that bad but then bright one #2 puts a cement collector under my neighbors trough to take ALL of their rain water and direct it....yup RIGHT into that channel.

Now it was brought up to them that this was an issue days ago and they said they would fix it, so after todays flash storm I had about 8 gallons of water pour into there, destroying a bunch of stuff.....

I know they need to fix this, and fix it soon, but what about the damage to all my stuff that was saturated with water? Are they responsible..legally, or am I SOL?
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#2
They should be responsible....Go after those idiots

Take pictures of their work and the damage...Your house insurance should provide you with coverage for anything that was damaged due to construction defaults etc.

I think first go after the construction company and make them pay and if that doesn't work, you should make a claim

Oh and if this is a new house...well then you have a 1 year warranty on the work that was done...Plumbing, electrical, Brick etc.
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#3
This should be fixed under your new home warranty.

Call the warranty department of your builder, follow it up with a fax or letter.

It is in the builder's best interest to fix it ASAP to avoid having to pay other damages. If they don't fix it in a timely manner, you can go further with the (IIRC) New Home Warranty company; if a builder gets too many complaints they get their rates jacked.
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#4
Before you decide what to do next, or who to speak to ... make sure you're knowledgeable about the builder's obligations ... what is covered, and importantly, what isn't ... you may have to decide if what you're going to ask for is an obligation on their part, or simply something they should do as a matter of goodwill and good customer service.

what TARION warranty does not cover

OAC_Sparky,Jul 9 2007, 10:03 PM Wrote:This should be fixed under your new home warranty.

Call the warranty department of your builder, follow it up with a fax or letter.

It is in the builder's best interest to fix it ASAP to avoid having to pay other damages. If they don't fix it in a timely manner, you can go further with the (IIRC) New Home Warranty company; if a builder gets too many complaints they get their rates jacked.
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#5
Well what I plan on doing now is just lay into the onsite people tommorow and see what happens. I know tarion won't cover the damaged goods. But they need to fix it bare minumum. Luckilly I got a job that I can do from home so i'll have all day to let them know how I feel and customer care...all this is also on top of my moldy wet ceiling in my kitchen thats been sitting for weeks because the plumber failed to install a water membrain.

For anybody buying a new house its a pretty good idea to get a home inspector for your initial PDI, thats what i'm learning now.
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#6
Word of advice - be careful how you treat the subtrades - they can make your life even more miserable and they have no lasting obligation to you. Your builder is who you want to make sure knows how you feel, and if anyone is going to reimburse you for your stuff, it's them (even if they're not obligated) so bear that in mind too before you lay into them too heavily.

I recall you posting when you were first thinking about buying a house ... pretty sure a number of us mentioned the idea of hiring an inspector for the PDI - and sorry if that sounds like ITYS - I don't mean it that way. While you're still under the TARION warranty, might not be a bad idea to do it now.


hardk0re,Jul 9 2007, 10:48 PM Wrote:Well what I plan on doing now is just lay into the onsite people tommorow and see what happens.  I know tarion won't cover the damaged goods.  But they need to fix it bare minumum.  Luckilly I got a job that I can do from home so i'll have all day to let them know how I feel and customer care...all this is also on top of my moldy wet ceiling in my kitchen thats been sitting for weeks because the plumber failed to install a water membrain.

For anybody buying a new house its a pretty good idea to get a home inspector for your initial PDI, thats what i'm learning now.
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#7
umm If the builder will not replace the items that were damaged you might have to go thru your Insurance broker to get them replaced, but make sure you check to see if your covered by floud in your policy as this could be classed as this, and most insurance companys don't include this in your policy as they charge extra for it.
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#8
Your Tarion Warranty should cover anything reported in the house inspection for 2 years....

The 2 year Tarion warranty was coming up for my neighboor and he did the inpection...the builder had to redo a bunch of insulation in the basement and put rails on the front porch because it wasn't built to code (to high off the ground or something)
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#9
I'd still be out 500 bucks due to deductable, and the items damaged aren't much above that so I may have to eat this one.

Spoke to the onside supervisors and they are going to try and fix the issue today, as for the damage I got to take it up with the builder directly. They say they don't listen to them either....BS...but anyway i've left a few messages with different ppl lets see how this pans out....
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#10
I find it hard to believe you have no legal recourse from the builder as the subs work for the builder. If they f*** you over so that you're out of pocket ANY cash, I'd talk with the lawyer you used to draw up the paperwork on the new place.

In my mind anyways something's rotten in Denmark.
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#11
Why not let your insurance company handle this?

that's what insurance is for. It must be a small amount of damage to some insignificant items or I would be making a claim and they can settle up with your homebuilder.

And with my new home, I have already hired an inspector who will be going thru the property every 7 days watching what they do. And the house isn't even in the ground yet. Next year for sure they tell me.
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#12
Haha Hardkore thats bad luck buddy, this happened to my Dad so he asked them to fix it kindly about 4 or 5 times (over a span of about 8 weeks) and when they made no attempt to fix it his lawyers sued the people for $150,000. End result: Well lets just say the cash never ended up in my pocket ;)
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#13
If all else fails, you can always call homes on holmes and have him fix the damage for free, and you get a free tv appearence out of it too.
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