If anyone is out there who has had a composite decking installed and now finds that was the worst idea ever please get in touch with me. We are putting together a class action suit and
would like to hear from other's who cannot get any satisfaction from the companies who market this product. They were marketed as "maintenance free" and those who have installed these products know that is not even near the truth.
Commented on Apr 16, 2013
Terrie, a class action lawsuit can be very difficult from a legal viewpoint and the claims as
well as the identification of the class difficult. I understand that you are not an attorney but the brief summary you gave may not be sufficient to support a lawsuit (although it may be supported with additional information if applicable). If you have identified an attorney to bring this case, often attorneys can work together to create a viable database from past lawsuits when possible. There are also websites like lawyersandsettlements.com. If I can be of any help here in GA, please let me know.
Any advice would be appreciated. I helped with a construction project a few years ago along with my father and two brothers. My father has since passed away. The homeowner acted as
the general contractor, signing all permits, calling for inspectio without oru knowledge, requiring her consent for any purchases, etc. We were barely into the job when she completely lost her mind and kicked everyone off the job. I was only helping part time and made approximately $3,000. She is now suing my father's estate, myself and my brothers, etc for $500,000 saying that the house is ruined. We were all paid as hourly employees. None of us signed any type of contract stating anything. Any suggestions as to what to do?
Commented on Apr 16, 2013
Jennifer, you indicate that a lawsuit has been filed and I am assuming that you have been
served. The timing is now VERY IMPORTANT. You have 30 days from the date of service to respond to avoid a default. If you have not already retained legal counsel to represent you, you should do so right away. Of course I am available and it appears that you have a number of potential defenses. There may also be insurance or other issues. If there was a construction company you may not have individual liability other than for your alleged negligence. The inspection reports, the permits in the name of the homeowner are all important. Because this is a public forum and anyone may read it, including the plaintiff homeowner, I would not recommend discussing this in a public forum. You should discuss your rights, options, remedies and strategy with an attorney in private.
Feel free to check my website at www.kmvlaw.com or call me at 770.752.0990.
I had Thermaseal.net give me an estimate on 30 Nov 2012 and I paid $600 down payment and had to get my homeowners association to approve drilling on my outside wall which they did not
since if the repair did not match it could hurt other property values. I have asked for my money back and have no luck so far. Help
Commented on Apr 08, 2013
Frist, let me be clear that I am not a Florida attorney and you may want to contact a Florida
attorney. Often as part of an initial consultation, an attorney may be able to tell you if there is a clear right in a few minutes without charge and, in this case, they may be tell you whether it is worth pursuing in small claims. As Woodbridge indicated the first place to start is your contract with the service provider. In general, the failure of the HOA to approve would commonly be a reason to cancel the contract without penalty. If there is not a specific provision, there may be other legal principles that may apply (as Woodbridge suggested in the event that you signed the contract in your home, which is typical, and they failed to provide the required notice and forms under the FTC 3-day cooling off rule, you may have the right to cancel -- you may find more information on this at FTC.gov. and states have similar laws). I am not sure if this type of contractor activity is licensed but if so, you may want to check with the Florida Dept of Business & Professional Regulation to see if you can file a complaint there.
Did you pay by credit card? If so, you may have rights to dispute the charge through your credit card company but you must act in a timely manner.
As a side note, Florida also has an Office of Condominium Ombudsman which may be able to help if the denial of the requested improvement is improper.
I and many others are currently students working on obtaining a Landscape Design Certification at Gwinnett Technical College. However, after hearing of Ga House Bill 417 we have concern
as to if we can legally practice landscape design in the state of Ga if we're not giving the design away for free as part of installation. We do know of many designers who do design work that are not LAs, but there is still this concern. Is it correct that legally we can not actually sell our designs? Thanks foAskr you help.
Commented on Mar 08, 2013
Arliss, I could not find a current bill that applies to Landscape Architecture through a
general search of the legislature's website. HB417 applies to the City of Columbus. I have not worked much with Landscape Architects but I did review the PLB website and their rules. OCGA 43-23-4(a) provides:
"No person shall perform or offer, attempt, or agree to perform any act which would
constitute the practice of landscape architecture, as defined in paragraph (3) of Code
Section 43-23-1, whether as a part of a transaction or as an entire transaction, unless
such person has received a license as a landscape architect pursuant to this chapter."
The "part of a transaction" suggests that your recap that you can give it away free as part of installation may not be accurate. But the Board could have an interpretation that could permit some leeway. Feel free to give me a call and we can discuss further. As an aside, I often do a presentation at Gwinnett Tech for Lee Woodall.
I have a 12 month lease for a commercial property where I have my business currently. The terms of the lease were for the landlord to provide functional HVAC. Repeated pleas for this work
to be done went mostly unanswered. At one point after a heat wave here the owner of the buildings father came and installed a condensing unit that minimally was efficient for the large space.
Winter has come and nearly gone and the heating component never worked.
I just received notice that the owner of the building is in default of his note with the bank and the bank is now exercising it's right to collect rents from the tenants. My lease expires at the end of this month and I am not 100% sure, but I believe that the lease terms state that after the 12 months are up if a longer term lease is not renegotiated, that the lease reverts to a month to month contract.
My concern is that with the owner not in the picture and the bank now taking over, do they also assume the responsibility of providing for the terms of the lease agreement? What legal stand do I have to get this building the heat and air it requires to be functional?
I do not want to have to leave as I have invested a great deal of time and money in getting the space as I want it.
I wanted to try to have a better understanding of my rights under the laws in Georgia pertaining to issues like this before I made contact with the bank and/or it's agent to discuss it further.
TIme is of the essence as there are literally only a few days before the lease I have that stipulates the terms that the owner agreed on regaring the Heating and AIr expire? or does it expire? and who will be responsible for completing this work?
I really only am asking anyone out there who is an attorney or who has legal experience to weigh in on this please because I don't have time to do any extensive research on the matter. or if you know of where I can get legal advice that would also be helpful.
Commented on Feb 25, 2013
You are asking a specific legal question regarding your lease. It really does take a quick
review of the lease to determine what the renewal provisions are and if there is an attornment clause. You are welcome to give me a call tomorrow morning 770.752.0990 and we'll see if I can help you.
We would love to turn our deck into a sunroom & open the room up to expand our kitchen. We live in the Metro Atlanta area.
Commented on Feb 20, 2013
Melissa, check out my website, bewareofcontractor.com. To convert your deck to a sunroom in GA
will likely take a building permit. It will definitely take a state licensed residential or general contractor -- that state license may be verified with the Professional Licensing Board of the Secretary of State's office and assure that they have not had unfavorable action against them. It is NOT a business license. Be careful, unfortunately there may even be some on Hometalk and other websites who are performing work for which they do not hold a lawful license. The contractor should pull the permit in their name--NOT YOU! That makes them responsible for code compliance and inspections. You want to be sure to have these to at least have some minimum assurance that your deck is properly attached to your home and, if above ground, will NOT collapse and injury someone.
My suggestion is to start here in Hometalk but to continue your due diligence elsewhere to confirm anyone. Check their BBB rating, Kudzu, etc but those ratings and reviews can be falsified or manipulated. If however you see horrible ratings, the run away. Any company can have one or two bad reviews (if so, see how they respond and see that they are professional).
A good contractor will have a good contract and will meet with you. There are certain requirements that they should have in their contract, and the absence of a written warranty, the FTC Cooling Off rule disclosures (if signed anywhere other than their permanent place of business), and the Right to Repair Act disclosure should be warning signs also.
I also recommend that you find a member in good standing with an association like NARI (full disclosure: I have been legal counsel to NARI Atlanta). As a general rule (and this is broad brush), members working on certifications and keeping up with the industry have a reputation they truly care about. Again, however this is only one thing to check.
I can go on but check out my website (its free) and if you have questions give me a call. Also you may want to check out the Natl Center for the Prevention of Home Improvement Fraud (NCPHIF.org). I speak for them and we'll soon have out a workbook to help homeowners.
Several years ago I purchased a home in the Hudson Valley with a somewhat awkward entry hall. I was a subscriber to "Martha Stewart Living" at the time, and in one issue there was a
feature on painting a mural in the style of Rufus Porter (1792-1884), a fascinating man who in addition to being an itinerant mural painter in New England, was also an inventor and the founder of "Scientific American" magazine. I particularly liked his murals in a monochromatic style he called "clara obscuro" and thought a mural might provide a solution for my entry. While there were directions in the magazine, that wasn't enough for me to make the leap of faith to take on painting my own. I did, however, find a weekend course in Vermont on painting a mural Porter's style, which I quickly signed up for. One winter weekend a few months later, I had what is certainly my biggest do-it-yourself success. I never had much luck taking photos of the project (it was a narrow space) but the Realtor who listed that house got one that captures some of its flavor.
I have a shower pan leak, so the shower is being gutted back to the studs.and rebuilt. What type of warranty(s) should I be getting from the contractor? Any other suggestions would be appreciated too. Thanks.
Commented on Jan 23, 2013
There may be differing warranty lengths depending on the materials. Those may be warranted by
the manufacturer. For example, a shower pan may be warranted to 10 years but the labor warranted by the contractor for only 1 year. While a warranty is nice, it is not a substitute for doing your due diligence on the contractor to be sure they know what they are doing, check references and be sure that your contract specifies that they will follow all manufacturer's installation requirements so that the manufacturer's warranty is not voided. Often you can find the manufacturer's installation instructions online. Take lots of photos during installation, and use a tape measure to show distances. You'd be surprised later at how helpful they can be when trying to remember where pipes run behind walls and other issues.
Make sure your contractor has a Certificate of Liability Insurance
Homeowners, beware: nobody should step on your jobsite without a Certificate of Insurance which has been checked and verified! If you are doing business with a service company that will be working on your premises, you should first make certain that the company has sufficient liability insurance. If work will be performed by the company's owner himself, without other
employees, a general liability policy is sufficient. However, if the owner has employees that will be working onsite, workers' compensation insurance is required.
The best way to obtain the Certificate is to have the service company's insurance broker forward the Certificate to you. The Certificate should name you, with the jobsite address, as the Certificate Holder and should name you as the "additional insured." This Certificate will give you proof that coverage is valid, as well as provide you with protection for yourself and 3rd parties in the event a 3rd party sues you due to negligence of the contractor. It will also inform you of the amount of insurance coverage provided so you may determine whether or not the coverage is sufficient for your needs. (For more information, contact your insurance broker.)
Note: In addition to the Certificate of Insurance, homeowners should have a written contract with the contractor which includes "hold harmless" language protecting the homeowner. If a claim is reported and the service company has not provided you (the homeowner) with a Certificate, the claim will go directly against you. If your insurance policy does not cover service companies, the cost of the claim will come directly out of your pocket.
Commented on Jan 19, 2013
Great information Sharon. One more point. Be sure that the name of the insured contractor is
also the contractor's entity name on your contract. If you contract with Joe X Construction LLC, that should be the name on the insurance certificate. Not Joe X or Joe X Construction Company.