Holmes on Homes Forums

HGTV (ended 2008)

Law Suits?

  • Avatar of halfcord

    halfcord

    [1]Jan 26, 2008
    • member since: 01/22/08
    • level: 1
    • rank: Weatherman
    • posts: 1

    I have no idea how to say this except to jump right in.

    I am totally against frivilous law suits but I don't believe this would be the case here or other show I've watched from Holmes on Homes.

    I am watching a program where the home owners had paid over $206,000 for shoddy work and were being sued for another $96,000 additional and the work was never finished.

    It's almost like what the program is trying to tell the public is that "licensed contractors" can get away with anything they want. We, the homeowner, can forget getting the contractors licensing board to support us if the contractor fails to follow legal building practices.

    Please tell me that the home owners that Mike helps have legal recourse against the shysters that rip them off. Mike makes a video record of the sometimes totally unlawful construction methods used. Then he fixes the wrong and I hear him say the rip-off artists will get away with it and probably do it again to some of the neighbors down the street.

    And law enforcement wonders why people "go postal"? Go figure.

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  • Avatar of Hoeech

    Hoeech

    [2]May 27, 2008
    • member since: 03/27/04
    • level: 66
    • rank: Hollywood Square
    • posts: 928
    You're absolutely right. Unfortunately, there are a million and one rules, regulations and laws that protect the contractors, but bugger-all to protect us. Even if a homeowner builds an air-tight bulletproof case against a contractor who has clearly cheated the homeowner, all he has to do is declare bankruptcy and walk away. That is why Mike is so emphatic that people check out the person or company that they plan to hire to work on their homes. Make sure they're licensed. Check their references. Go and see the quality of their work. It's also important to know a few things about the work you want done. Not so that you can do it yourself, but enough to know when your contractor is cutting corners or doing shoddy work.
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  • Avatar of downsideup20

    downsideup20

    [3]Jun 26, 2008
    • member since: 09/12/06
    • level: 6
    • rank: Small Wonder
    • posts: 8
    There was na episode I saw the other day where the family did take the company to court and Mike even testified in court as to the crappy workmanship they did.

    However, one of the instigating factors in that case was that the contractors had left varsol on the counter in an unlabelled water bottle and one of the sons of the family drank it. so it wasn't really the same situation as the ones you guys are discussing, but it was still satisfying to know they didn't get away with it.
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  • Avatar of TenFeet2Hands

    TenFeet2Hands

    [4]Jun 29, 2008
    • member since: 06/25/08
    • level: 3
    • rank: Soup Nazi
    • posts: 6
    All I can say is: No one person can solve this level of capitalistic stealing on their own. Certainly not one from another country. What home-owners must do is lobby the lenders and the insurance companies for a checks-and-balances option to become mandatory. Work is out of the hands of the contractors and licensing board's sign-off their own paperwork where a third party, independent of ties to any involved party, assessed the quality of work and customer satisfaction. When bills are paid, money is loaned and inspectors are required, one would think that should be enough, NOT, the lender liens against the mortgage, the contractor, good or bad can lien against the mortgage and the inspectors are just individuals with human attributes and a work-load which few contractors fear.

    An independent assessment with video recording each process before another is in place, before covering up the last would document work progress and quality as-well-as supporting any re-doos. For this to happen the lenders and insurance companies MUST be in agreement with how money is allocated, NOT the homeowner or the contractors. If the contractor must collect his money from the bank/lender or the Insurance Co. they will need to prove that the work is as promised and to the satisfaction of the homeowner.

    My 2 cents,
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  • Avatar of Hoeech

    Hoeech

    [5]Jun 29, 2008
    • member since: 03/27/04
    • level: 66
    • rank: Hollywood Square
    • posts: 928

    TenFeet2Hands wrote:
    All I can say is: No one person can solve this level of capitalistic stealing on their own. Certainly not one from another country. What home-owners must do is lobby the lenders and the insurance companies for a checks-and-balances option to become mandatory. Work is out of the hands of the contractors and licensing board's sign-off their own paperwork where a third party, independent of ties to any involved party, assessed the quality of work and customer satisfaction. When bills are paid, money is loaned and inspectors are required, one would think that should be enough, NOT, the lender liens against the mortgage, the contractor, good or bad can lien against the mortgage and the inspectors are just individuals with human attributes and a work-load which few contractors fear.

    An independent assessment with video recording each process before another is in place, before covering up the last would document work progress and quality as-well-as supporting any re-doos. For this to happen the lenders and insurance companies MUST be in agreement with how money is allocated, NOT the homeowner or the contractors. If the contractor must collect his money from the bank/lender or the Insurance Co. they will need to prove that the work is as promised and to the satisfaction of the homeowner.

    My 2 cents,

    I agree with you. The home construction/renovation industry should be regulated so that money which is to be paid to the contractors should be held in esgro by either an inspector or an insurance firm. It will be paid out in installments based on benchmarks as the work proceeds. It may end up costing a bit more, but the homeowner will be better protected from frauds, crooks and unqualified people.

    The only part of your statement I don't agree with is the comment about "capitalistic stealing". What these contractors are engaged in is not capitalism. It's fraud. They charged money for a service and/or a product and did not deliver it. Capitalism is simply an economic system by which market prices are determined by the balance or supply versus demand. The higher the demand and the lower the supply, the higher the price (and vice-versa).

    Edited on 06/29/2008 1:51pm
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  • Avatar of TenFeet2Hands

    TenFeet2Hands

    [6]Jul 12, 2008
    • member since: 06/25/08
    • level: 3
    • rank: Soup Nazi
    • posts: 6

    Hoeech... "Capitalism" created the system which allows stealing from all who consume, that was my point not a literal definition but, a term applied to this situation which has become embedded in our society.

    Some protections were set in place for the contractors to collect from those who may have not been honest however; the protections have become a tool to print money. Note: metaphors were not meant to confuse but, to soften my distain for this level of thievery. You can call it fraud...that is so white collar, these men are blue collar and stealing is the nomenclature I choose to use here.

    TenFeet2Hands
    Edited on 07/12/2008 3:54am
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  • Avatar of Hoeech

    Hoeech

    [7]Jul 12, 2008
    • member since: 03/27/04
    • level: 66
    • rank: Hollywood Square
    • posts: 928
    Regardless of the "system" used (capitalism, socialism, communism, command economy, feudalism, what have you), thieves and scam artists will find a way to operate within those parameters. They're like cockroaches and no society will ever be rid of them. Ironically, in nature, at least cockroaches serve a purpose. The best we can do is to try and pass the necessary laws to control what they can and cannot do and then enforce them.
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