America''s Next Top
boulder,#2General Comment
Mon, April 09, 2012
I would like to know what happened with this situation. Please let me know. Thanks so much!
Kymberlei
Pueblo,#3Author of original report
Fri, February 03, 2006
Thank you for your comments. Some of the suggestions you told me to do or not do in court will be taken into consideration, but unfortunately, some of my comments in the papers filed are already a done deal. Believe me, I had already thought about the "neighborly" item. My question is, why do they have the right to fix the damage? I too am in construction, we have the first right to cure. But, I never contracted with them to do anything. Someone hits my car. They don't have the right to fix my car for me. It's my car. They are going to get "uncle joe" to do it. And that's kinda what they did. I don't and couldn't get the company name who did the "repair", as a result, there is obviously no right to cure, because I don't even know who it is. And, what about warranty on the shotty work? This crap repair IS coming apart. We are still experiencing frozen ground. I hope that groundhog is wrong about an extended winter. I want pictures of this patch when there is no snow and an unfrozen driveway. C-Day is approaching. I am finding out their other court dates, and it's the same judge, three weeks in a row. I am last of the ones that I know about. I can't wait to see that situation come to fruition. Judge's facial expression, "you again"? Small town. I just hope there is no friendship between them.
Patrick
Beaverton,#4Consumer Suggestion
Fri, February 03, 2006
I have worked in construction most of my life, have run jobs, been involved in high-end real estate subrogation and litigation from both ends. You are absolutely right. Although their lawyer might claim "implied consent", The onus is upon them, not you; to take care of your driveway. You could probably have had their equipment towed/impounded had you the desire. I am not sure about Colorado, but here in Oregon you do have some rights to direct the repairs and/or select the contractor. If you do go to court don't mention being neighborly. That will serve you ill. You were unaware/not comfortable engaging the workers. Period. Your neighborly (admirable) notions breathe life into "implied consent" At any rate you are entitled to the cost of repairs made to your (reasonable)satisfaction; meeting accepted building standards. It matters not what you do with the settlement. Take a nice warm vacation if you wish. It sounds to me that you recieved quite a bit less than that Again I don't know about Colorado, But Oregon has a contractor's board and requires license and bond as well as insurance. Certainly the is some public agency in Colorado that can give the bond or insurance agent. You might do a lot better there than the courthouse.
Kymberlei
Pueblo,#5Author of original report
Thu, January 26, 2006
The weasels that they are, are ducking being served. I spoke with the Sheriff Deputy who attempted to serve them. He specifcally stated on his notarized report that they are "avoiding contact". He gave me some great tricks to get them served. I have two weeks to do this. I also found out that they have three lawsuits against them right now. I found a process service company that will "stalk" them until served. Contacted regional building department (who I do alot of business with)and got a copy of their insurance certificate. Called agent and verified active & current status. Informed regional of my situation and other homeowners. They are going to have a hard time pulling permits. Pulled a copy of all of their permits pulled for upcoming projects. (Plan of visiting these homeowners personally.) Contacted the equipment rental company who owned the forklift that did the damage. Contacted all my friends to call them to get roofing bids. I will not be ignored and brushed off like a bug. They picked on the wrong person.
Brenda
Coleridge,#6Consumer Comment
Wed, December 14, 2005
I feel for you. Check out my horror story about Hartington Tree. Thank God the judge "retired" before he could be investigated and maybe now we will have a fair chance in court. When the business owners "contribute" to the County Prosecuter's campaign, and the judge is incompetent at the least and crooked at the worst, people like us have no chance for justice. Our court date has been postponed about 4 times already.
Kymberlei
Pueblo,#7Author of original report
Tue, December 13, 2005
The $2,088.00 is ONLY for the patch, the entire driveway estimate is for 8,000.00, not including sidewalk and additional "drive-in" spot from street.
Sean
Portland,#8Consumer Comment
Mon, December 12, 2005
Sounds like everything should go in your favor. However, I don't think you'll end up receiving a full replacement cost of $2,088.00 simply because you have the intention of re-doing your driveway anyway. I think you will be given the amount for a patch job instead.