John
Memphis,#2Consumer Suggestion
Wed, February 15, 2012
If there is an incident of any kind during an Empire install CALL THE POLICE. Ask them to file an incident report. In the process they will verify the identity of all parties involved, including the installers. They will take statements from the involved parties and check that they have proper documentation such as a business license and insurance card. If any of the Empire installers are fugitives or illegal aliens they will be taken care of by police. Make it easy on yourself. Make the call.
Business Response
Northlake,#3UPDATE Employee
Tue, February 14, 2012
Mr. Sinohue,
Thank you again for providing your comments and concerns. As you have now retained an attorney, we will direct all further communication to your attorney. Thank you.
James S
Canoga Park,#4Author of original report
Wed, February 08, 2012
Before I get into that...
ET, I have been dealing with your insurance company for many weeks. After several months of you're not even bothering to file a claim that is. And now you're hiding behind the insurance company just like you hid behind the subcontractors all that time. Step up, I've not made unreasonable demands. You caused this, fix it.
I hired a lawyer last Friday. It was actually the second lawyer I talked to. They both came out with the same reasonable assessment on what I ought to be asking for which wasn't far off from what I was asking for.
The likely scenario as far as I can tell will be: lawyer contacts insurance, insurance will make another offer, offer won't be satisfactory, lawyer sues everyone involved (my neighbor, Empire, Don Del Rio). I'm not anticipating Empire or CNA doing the right thing until it gets to court. I hope they do, but not likely.
Robert
Buffalo,#5Consumer Comment
Tue, February 07, 2012
I hope you've retained a good attorney. What did the attorney tell you?
You might consider getting a loan against your home to effect the needed repairs so that your home is livable again - then SUE your neighbor. 6 months with an opened wall in the bathroom is ridiculous.
Good luck.
Business Response
Northlake,#6UPDATE Employee
Tue, February 07, 2012
Mr. Sinohue,
Thank you for providing your comments and concerns. Empire takes all such concerns seriously and
referred your claim to its insurance carrier. We understand that the insurance
carrier has been in contact with you and is working directly with you to resolve
your claim. If you have any questions or concerns regarding your claim, please
contact the insurance adjuster. Thank you.
James S
Canoga Park,#7Author of original report
Fri, February 03, 2012
I guess this is beyond the 'please contact us' typical response they normally want to throw at people filing reports.
I didn't want to have to go here, but I'm seeing my lawyer today. Empire has a small window left to settle up before the price I had been willing to settle at grows to me seeking full restitution through a lawyer and/or the courts.
Robert
Buffalo,#8Consumer Suggestion
Wed, February 01, 2012
You really should consult with an attorney. What I told you about "privity of contract" and who is ultimately responsible to you for your damages is correct.
I learned this the hard way about 2 years ago when coping with damages to our cedar shingle siding caused by a Dish Network installer (at the request of a tenant.) Our legal remedy to recover damages was to sue our tenant-not Dish Network or the installer. If our former tenant wishes, he is free to sue Dish Network and Intertech Digital (the installers) for the damages caused by the improper antenna installation.
You are in a similar situation. You have suffered damages caused by a contractor that was hired by your neighbor.
You need to seek redress from the party that contracted their services-YOUR NEIGHBOR.
Good luck.
James S
Canoga Park,#9Author of original report
Wed, February 01, 2012
This is a good lesson for condo owners or anyone with an HOA. I thought I had insurance, certainly my mortgage company wouldn't have given me a loan without a policy. All this time I believed I had been paying for it out of an escrow account with my bank. I found out that it was pretty standard that the underwriters use the HOA's insurance policy to satisfy this requirement. And of course the HOA's insurance isn't going to do anything for damages inside my home. Check your policy folks, and do as the man says, get your own insurance.
Robert
Buffalo,#10Consumer Suggestion
Wed, February 01, 2012
You're going after the wrong party. The responsible party is YOUR NEIGHBOR WHO CONTRACTED THEIR SERVICES.
There is a doctrine in law called "privity of contract" which is why you're getting the run around from everyone, including the HOA. The party that contracted their services is responsible to YOU for the damages-this is your neighbor.
This is the same defense Dish Network uses when a landlord is seeking damages for an antenna installation that was contracted by a tenant. This doctrine of law applies to your situation.
Don't take my word for it. You should consult with an attorney (well worth the $50-$100 consultation fee) to verify this yourself. You should sue your neighbor for any and all damages. Then, your neighbor is free to sue them for the damages.
Don't waste any more time-retain an attorney to sue your neighbor. You will get your damages from your neighbor. The neighbor, contractor, HOA and insurance companies can fight among themselves as to who is responsible for what damages.
Good luck.
Inspector
Tobyhanna,#11Consumer Comment
Wed, February 01, 2012
It's not smart to not have insurance on your property or possessions, as a matter of fact it is downright foolish. I hear everyday about someone having a fire or flood and donations are collected because the person has no insurance. You will be bounced around until you're exhausted and stop inquiring but, you will not get retribution or renumeration. Your fault and you will most likely eat it.
James S
Canoga Park,#12Author of original report
Wed, February 01, 2012
Thanks for your insight.
However, as of now, there is no doubt who is responsible for the damages as Empire Today's insurance company, actually a company owned by Empire Today called Flooring Install Inc., has admitted and claimed responsibility. They, in fact, are also liable to our HOA for the plumbing repairs and damage they caused to the exterior of our unit.
Also, at the time I didn't have an insurance policy or I would have had them involved. Regardless, Empire Today's negligence started this whole mess and yet they're unwilling to step up.
Susan
USA#13Consumer Comment
Wed, February 01, 2012
You said:
"8/15/11 - Empire sends installers to our condo complex to install some carpet for my neighbor. We dont even know that the installers are on the property until my wife hears and feels a loud bang on our exterior wall, also a loud rushing water pipe. After realizing that water was entering our home she goes outside to see Empires 3 installers, one of whom was identified as Ivan Hernandez, standing around a large roll of carpet and a broken off water spigot which is flowing directly into our exterior wall. They had dropped the large roll of carpet onto the spigot and broken it."
In your HOA paperwork does it say you are responsible for the outdoor water spigot and any damage it might cause your unit? I doubt it, that says the HOA and their insurance is responsible.
Wondering, did you have insurance? If you had you should have called them. They would have fixed your condo and did all the fighting to get paid back.