Today's word is INCOMPETENT. - Page 46 - Vintage Mustang Forums
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post #676 of 829 (permalink) Old 11-01-2018, 03:17 PM Thread Starter
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UPDATE!
Well I just got off the phone with my lawyer.
The judge had a sick day on Monday. So the matter went in front of a council.
The other side was able to sneak in stupid low quotes, of 11k to repair the area.
My lawyer said NO FNG way.
So now we go back to court on Dec 3rd. I need to get more quotes, and get a new estimate on framing materials. Also. My lawyer wants a contractor to come in and appear in court. My lawyer is also going to go after them for the increase in framing and building materials that have gone up since I had them quoted 2 years ago.
So. I have some homework to do.

Joe in Detroit
1969 Mustang Sports Roof (SAG = Sports Appearance Group) 1 of only 5,729
1966 Ranchero Custom 1 of only 11,000 made. (For Sale)
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Personal Quote from 5-1-15. ''DRIVE IT LIKE YOU HAVE TO POOP!"

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post #677 of 829 (permalink) Old 11-01-2018, 06:57 PM
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The wheels of justice turn slowly...

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post #678 of 829 (permalink) Old 11-01-2018, 08:19 PM Thread Starter
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Well.
If they want to play. I have a pit bull for lawyer. I am getting the new materials quote. The last quote was about $15,000.00. The new quote will be higher due to time passing and materials prices increasing. We are now suing to recover that difference.
We already one the case. We have all the ducks in a row. Next step Dec 3rd. I will attend this one, with my contractor, and more quotes.
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post #679 of 829 (permalink) Old 11-01-2018, 08:59 PM
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So this moron has been paying for legal advice for 2 years, lost his case and still wants to spend $$$ for a lawyer to get a lower estimate on the damage he had done? There's a whole lot of insanity in this line of thinking. Either way he is going to pay and he's gonna walk funny for a long time.
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post #680 of 829 (permalink) Old 11-01-2018, 09:29 PM
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Quote:
Originally Posted by Caper50 View Post
So this moron has been paying for legal advice for 2 years, lost his case and still wants to spend $$$ for a lawyer to get a lower estimate on the damage he had done? There's a whole lot of insanity in this line of thinking. Either way he is going to pay and he's gonna walk funny for a long time.
Along the lines of what I posted 2 years ago. That said, I do hope the OP nets positive when the dust ultimately settles...
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post #681 of 829 (permalink) Old 11-02-2018, 07:39 AM Thread Starter
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Exactly.
So now. I will go in loaded for bear. I will be attending. Prior to this, I was not needed.
I will bring in a contractor. I will bring quotes. I will bring a statement from the building inspector. I will bring a FNG model made out of lego's or something depicting the way the new foundation needs to be constructed. I will bring the materials cost quotes.
They lost the lawsuit. Our lawsuit says they caused over $25k in damages. We are backing that fact up.
This guy is a FNG idiot. He wanted to open the topic of damages up for a debate. All this did was make my lawyer remember more things we can claim as damages.
In fact I will talk to my lawyer today about the driveway. They cracked the heck out of it even more doing their damages.
The driveway was in rough shape. It got more messed up from them. I was planning on replacing it after the garage was built.
But now.
Maybe it will be on their dime.
Sorry. Had to rant a minute.

Joe in Detroit
1969 Mustang Sports Roof (SAG = Sports Appearance Group) 1 of only 5,729
1966 Ranchero Custom 1 of only 11,000 made. (For Sale)
2014 Mustang V6 premium pony package
1969 Mustang Grande (sold)

Personal Quote from 5-1-15. ''DRIVE IT LIKE YOU HAVE TO POOP!"

"It was a beautiful day, the sun beat down
I had the radio on, I was drivin'
Trees flew by, me and Del were singin' little Runaway
I was flyin'"
Tom Petty, Runnin Down A Dream.
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post #682 of 829 (permalink) Old 11-02-2018, 09:14 AM
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It's OK you can rant all you want for what you had to go through. Hopefully this nightmare will be behind you very soon, and you'll be able to envision your new garage taking shape and you wrenching in it. Good Luck.

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post #683 of 829 (permalink) Old 11-02-2018, 09:16 AM
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Glad to hear you are making positive progress.

What I don't understand is.... you say you won the case, but you are now having to prove more damage and cost of damages?

Shouldn't the judge award you the amount you were suing for and proved when you won?
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post #684 of 829 (permalink) Old 11-02-2018, 05:48 PM Thread Starter
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Originally Posted by ldouble619 View Post
Glad to hear you are making positive progress.

What I don't understand is.... you say you won the case, but you are now having to prove more damage and cost of damages?

Shouldn't the judge award you the amount you were suing for and proved when you won?
Well the judge wasn't there, he took a sick day. So I guess there was a substitute. We did win. Now the judge just has to decide how much to award us. The substitute judge or whatever, was no help. We do have to submit damages. They usually have NO say. But again, substitute arbitrators/judges don't know ****.
So back to the judge in December.

Joe in Detroit
1969 Mustang Sports Roof (SAG = Sports Appearance Group) 1 of only 5,729
1966 Ranchero Custom 1 of only 11,000 made. (For Sale)
2014 Mustang V6 premium pony package
1969 Mustang Grande (sold)

Personal Quote from 5-1-15. ''DRIVE IT LIKE YOU HAVE TO POOP!"

"It was a beautiful day, the sun beat down
I had the radio on, I was drivin'
Trees flew by, me and Del were singin' little Runaway
I was flyin'"
Tom Petty, Runnin Down A Dream.
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post #685 of 829 (permalink) Old 11-17-2018, 09:43 AM Thread Starter
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Mini Update.
I just got the new quote for materials from the Lumber Yard.
The original quote from 2016 was $21,034.00. For lumber, Trusses, Cedar shake, Roofing, windows, doors, etc....
The NEW quote for 2018 is..........$30,798.00 for the same stuff.
That is almost a $10,000.00 increase in the cost of materials. We are adding this amount to our damage claim.
I also have a NEW letter from the City Building Inspector. This new letter demands that.
1.) The new footing MUST be installed on undisturbed soil or Engineered Fill.
2.) Soil bearing test is required before new concrete footing is poured, and shall meet the bearing table.
I have more quotes for over $30k from contractors.
These idiots should have just paid me last month. It is getting a LOT more expensive for them now. Their little game is costing them big money.
I am going to court on Dec 3rd. I will be there with all the ammo I can gather.
I will keep everyone updated.
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Joe in Detroit
1969 Mustang Sports Roof (SAG = Sports Appearance Group) 1 of only 5,729
1966 Ranchero Custom 1 of only 11,000 made. (For Sale)
2014 Mustang V6 premium pony package
1969 Mustang Grande (sold)

Personal Quote from 5-1-15. ''DRIVE IT LIKE YOU HAVE TO POOP!"

"It was a beautiful day, the sun beat down
I had the radio on, I was drivin'
Trees flew by, me and Del were singin' little Runaway
I was flyin'"
Tom Petty, Runnin Down A Dream.
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post #686 of 829 (permalink) Old 11-17-2018, 10:25 AM
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Stay on them. Hopefully the last contractor doesn’t fold up and disappear. The sad part is with the housing market like it is and tariffs in place the cost is still going to continue to rise even more by the time you start building.

LJ

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post #687 of 829 (permalink) Old 11-18-2018, 09:25 AM
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lawsuits like this is absurd, don't understand how you expect to be paid for all these materials that where not used. not trying to be a ***** but they should have to pay to grade the area and put back to how it was.

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post #688 of 829 (permalink) Old 11-18-2018, 11:09 AM
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Originally Posted by Porsche1 View Post
lawsuits like this is absurd, don't understand how you expect to be paid for all these materials that where not used. not trying to be a ***** but they should have to pay to grade the area and put back to how it was.


Well, since the contractor's own incompetence caused a 2 year long delay, he is responsible for the increased cost of materials due to inflation.
It's his fault. He should have to pay for it.
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post #689 of 829 (permalink) Old 11-18-2018, 01:36 PM
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Its not an absurd lawsuit.....some ones negligence caused someones harm.... these things are settled in court if the parties involved can't agree....and you can bet if the cost of materials went down, the other side would be arguing that point... I hope you get it all and then some!!
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post #690 of 829 (permalink) Old 11-18-2018, 01:37 PM
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Originally Posted by Porsche1 View Post
lawsuits like this is absurd, don't understand how you expect to be paid for all these materials that where not used. not trying to be a ***** but they should have to pay to grade the area and put back to how it was.
You are confusing what you feel is right with what is legal. I'm no lawyer, but my experiences in the civil court system has played out exactly like this case is. The only difference in mine was that my insurance company was also involved, and they MADE me sue the other party. When I sat down with my lawyer and told them that I thought we shouldn't even sue in the first place, I was explained this. I was forced to sue because the my insurance company didn't want to pay the bills.
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