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Old 11-03-2006, 08:00 PM   #16
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Home remodel disaster


Contact your insurance agent and have him show you the '45 day cooling off' clause in your policy. If its not there, file a claim.

The toilet should not have continued to run. If the lid had been removed from the tank and debris from construction had fallen into the tank, interfering with the flapper or keeping the ballcock turned on, then I would say the contractor is liable. Otherwise, its your potty that malfunctioned.

Unfortunately it did this when the trap way was clogged and this water had no other place to go but to overflow and cause problems.

Also, when you speak with your agent, ask if that '45 days' is a moratorium on claims or on accidents. If its simply on claims, wait the 45 days and file the claim.

Now, as for the response from your contractor... he is just venting but he's doing the right thing. You're damned lucky to have him as your contractor if he's footing the bill over this one. His language may have been a bit too honest for your tastes, but the bottom line is, he's agreed to take on the liability.

Don't look a gift a horse in the mouth.

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Old 11-07-2006, 12:30 PM   #17
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I'd go after the insurance first, don't lose a good relationship with the GC. Especially not before the job's done!

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LOL. And he'll be the first one to remind you!
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Old 11-07-2006, 03:13 PM   #18
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So here is the continuing story....

At the time that accident happened, the GC assumed he will be taking care of all damages and repair, assuming that it was his fault. 3 days later he decides to put blame back on me for the faulty toilet. I contact insurance, and they will cover 6500 for ALL work completed, and to get the house back in shape.

The GC wants 6300 for all of the work that his crew did, ie: carpet clean, removal, drywall cut and trashed, drying of rooms, removal of sink, toilet, vanity, mirror, and his profit from supervising the job over the course of 3 days.

The GC gave me his invoice and wants his payment. I have a feeling this is going to get ugly fast. The insurance co said they only did $1600 worth of labor.

To top it all off, baby #2 will be here next week.

I will continue to update as things occur.

Kyle
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Old 11-07-2006, 07:41 PM   #19
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You should look into a differant insurance company if you have to "cool off" to make a claim. This is your insurance companys problem, not the contractors. If he is going to pay for it out of good will... Then I think you should be gratefull to him even of he cussed you out.

Count your blessings and be happy to have a contractor like that. And switch your insurance because that company sucks.
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Old 11-08-2006, 09:31 AM   #20
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I was suspecious when the contractor said he will cover it... sure he will change his mind after talking to his wife...etc.

anyhow... the contractor cannot dictate how much, $6300, in this case... there should be some sort of judgement from a third party... just like car insurance I suppose...

on the other hand the insurance company want to pay as little as possible... so their figure $1600 may not be accurate either...

as both parties is conflict of interests to declare the cost...

Insurance company should have license evaluator for this...

anyhow... I think the contractor should be a bit more flessible on the cost...
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Old 11-08-2006, 02:01 PM   #21
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so the GC went from offering to take care of it, to giving you a $6300 bill for fixing it?

How much of the $6300 is labor?


congrats on the new baby
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Old 11-08-2006, 05:14 PM   #22
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Quote:
Originally Posted by mako View Post
So here is the continuing story....

At the time that accident happened, the GC assumed he will be taking care of all damages and repair, assuming that it was his fault. 3 days later he decides to put blame back on me for the faulty toilet. I contact insurance, and they will cover 6500 for ALL work completed, and to get the house back in shape.

The GC wants 6300 for all of the work that his crew did, ie: carpet clean, removal, drywall cut and trashed, drying of rooms, removal of sink, toilet, vanity, mirror, and his profit from supervising the job over the course of 3 days.

The GC gave me his invoice and wants his payment. I have a feeling this is going to get ugly fast. The insurance co said they only did $1600 worth of labor.

To top it all off, baby #2 will be here next week.

I will continue to update as things occur.

Kyle
Maybe I'm missing something. But you said the insurance company was going to pay $6,500 for the repair. If that is what they are paying they will send you a check for that amount. Then you can pay your GC $6,300 and pocket the $200 for yourself.
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Old 11-09-2006, 01:37 AM   #23
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Maybe I'm missing something. But you said the insurance company was going to pay $6,500 for the repair. If that is what they are paying they will send you a check for that amount. Then you can pay your GC $6,300 and pocket the $200 for yourself.
Correct, the insurance is going to give me a check for 6500. But that only covers the cost from the work that the GC did over the three days. Now we are left to fix the home and get it back into living shape with our own money.

The $6300 that the GC is charging me is broken down like this.......
$1695-water damage company heater/de-humidifier/containment and drying for 4 days
$1200-Supervision of the crew for the GC
$352 for two dumpsters
Balance- Labor for cutting drywall, moving furniture, pulling toilet/sink/cabinet, and throwing away carpet/pad/trash.

We may just let him sue us for the bill, and see what happens. My lawyer would probably eat him up.

Kyle----Thanks for all of your responses......... Now time to research Simpson Strong Walls.
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Old 11-09-2006, 08:43 AM   #24
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Before closing this chaptor, try offer the contractor a counter offer... otherwise, no body wins but the lawyer...

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