Today's word is INCOMPETENT. - Page 49 - Vintage Mustang Forums
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post #721 of 864 (permalink) Old 02-17-2019, 01:40 PM Thread Starter
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I meet with the new contractor, and the building inspector tomorrow morning. We will take it from there.
One of the building inspectors requirements is that a soil bearing tests be done. This cost was included in the new contractors quote, I will not be paying for it.
The new contractor will have to submit a new quote. I will ask for references, and check out some of his build sites. I will show him all the pictures I took. This way he knows exactly what he is in for. The new contractor has done a lot of work in my city over the years. He has worked with my building inspector on several occasions. I consider this a good sign.
The bottom line is this.
I do not really like this proposed settlement. I can decide not to do this at any time.
I am not happy with the money amount.
But.
If I get a foundation made to my exact spec, it meets all Michigan State Building codes, and passes all inspections. If it is built professionally. That is a good thing. The bottom line is that I get a foundation. I can build my garage.
If I also settle for a little less money, but I get the money now. That is also a good thing. On with my life.

It is a possibility that even if I win every single cent I want. The judge gives us everything we ask for. I could still have to chase these guy's for months or years. Maybe, I never get paid.

So. I have to go into tomorrows meeting with an open mind.

It has been a long 2 1/2 year fight. Worth it to not be completely screwed.
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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.

Last edited by 1969sag; 02-17-2019 at 01:54 PM.
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post #722 of 864 (permalink) Old 02-17-2019, 02:12 PM Thread Starter
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I really can't wait to have a garage.
I have a basement packed full of everything that needs to be in a garage and not in your house. It is beyond frustrating.

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 #723 of 864 (permalink) Old 02-17-2019, 03:28 PM
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I am not happy with the money amount.

It is a possibility that even if I win every single cent I want. The judge gives us everything we ask for. I could still have to chase these guy's for months or years. Maybe, I never get paid.

Take what you can get NOW and run with it. You have no idea how true your final statement is.
I know of contractors that have judgements against subcontractors that are operating thriving businesses and the contractors never collect a cent of their judgement.
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post #724 of 864 (permalink) Old 02-17-2019, 06:38 PM
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That sounds like a good plan to me, get what you can now and move on



I'm about to begin the "find a grading/foundation contractor" myself. Not looking forward to it as I can do the rest of the build myself.

2011 Mustang 3.7L Premium Pony Package
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1965 Mustang C Code Coupe 289/T5/3.25
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post #725 of 864 (permalink) Old 02-18-2019, 07:35 AM Thread Starter
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Brain fart.
Today is a holiday. City is not open on Presidents Day. My wife works for the next city over. They have the day off. She told me this several times. DUH! You would think I would have figured that out.
I rescheduled and I am meeting with him at 9:00. He reached out to me. I will take that as a good sign.
Shows he is sincere, wants the work, not afraid of a challenge.
I will update later.

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.

Last edited by 1969sag; 02-18-2019 at 07:51 AM.
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post #726 of 864 (permalink) Old 02-18-2019, 10:23 AM Thread Starter
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The meeting went very well.
I showed him all the pictures I took of the previous foundation. I also showed him all the pic's of the foundations removal. I told him the whole story. He was amazed at the previous work done, and agreed there was no way to fix that mess.
We discussed every detail of what the new foundation will need to be. He is going to redraft his proposal.
His original proposal was off because he originally quoted the other sides lawyer, a 4 inch inner slab, no extra courses of block, and no front partial drive of 25' x 20'.
His new quote will match the original quote, of a 6 inch reinforced mesh interior, 2 courses of block above the floor, and a 25' x 20' partial drive way. He estimated it to be around $20,000.00.
I discussed a few extra things I will want. These things will require a separate quote.
He is emailing me with references and address to build sites he is currently working on. His specialty is foundations and flat work. He is licensed, bonded, and insured. He has worked with many of the people I have also used in the past 2 years.
He told me that the other side lawyer is very eager to resolve this fast, whatever it takes.
Well. The court date is looming.
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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 #727 of 864 (permalink) Old 02-18-2019, 01:14 PM
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Quote:
Originally Posted by 1969sag View Post
It is a possibility that even if I win every single cent I want. The judge gives us everything we ask for. I could still have to chase these guy's for months or years. Maybe, I never get paid.
SAG - This is most likely the longest thread I've followed. I feel for you.

Re: your judgement. Watch this video.

This guy is a Michigan attorney, so he should know your options. I'm paraphrasing here, but if the defendant does not pay after 21 days, you can go after him - by getting his wages/tax refunds garnished (this would take some time) or by serving a writ of execution, where an officer of the court can take his assets (to be auctioned off) to pay your judgement. Sounds like you would not get the full amount of the judgement, but maybe you think it's worth it to put the defendant in that situation.

This is not legal advice. Watch the video. Talk to an attorney.

Good luck.

1966 Sprint 200
Mostly stock

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post #728 of 864 (permalink) Old 04-02-2019, 10:51 AM Thread Starter
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Today I was in court for a hearing in front of the judge in this case.
This was a meeting for the judge to be informed of the status of any settlement that may or may not be happening.
The judge was informed of the proposed settlement from 2 months ago. To refresh everyone's memory.
That was that they pay for the total cost of the new foundation and flat work, and give me $10,000.00.
A new quote was done by the possible new contractor. That quote was for over $22,000.00.
My lawyer explained their lack of urgency to the judge. We put it on the record that we would seek FULL restitution if the other side defaults is any way shape or form from the proposed settlement. That price is close to $60,000.00. The judge agreed and said he wanted to see work began now. The judge wants to see shovels in the ground.
The judge set a court date of May 31st, to followup on the settlement, OR issue his own ruling on damages.

So maybe. This year I will be able to build my garage. I am crossing my fingers.

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 #729 of 864 (permalink) Old 04-02-2019, 10:56 AM
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Thanks for the update and best of luck to you getting some shovels in the ground soon.
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post #730 of 864 (permalink) Old 04-12-2019, 08:53 AM Thread Starter
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Mini update.
After 10 days of not hearing anything from anyone.
I called my City Building Inspector to let him know that this issue is still slowly winding through the court system. With a dead line of May 31st.
Then I called the new contractor. He didn't realize no one has been communicating with me. He seems to think that May would be the soonest anything can happen. The ground is thawing and the ground is just too wet at this time.
Still crossing my fingers that someday soon I will have a garage.

On a side note. I got an amazing deal on a furnace for my future garage. My neighbor had a like new condition furnace that was from a house that was torn down in my neighbor hood. He has stored it for a few years. It was only run 1 season. He needed the space in his garage so he sold it to me for $400.00. It is a very nice Payne 60,000 BTU, gas, 3 ton, 92% efficiency furnace in like new condition. It is the perfect size for my planned 1,248 square foot garage. How's that for coincidence?
I couldn't pass that deal up.

I'll keep everyone posted.

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 #731 of 864 (permalink) Old 04-13-2019, 12:13 AM
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Sorry but I am still doubtful net on net. Keep after it as that is all you have...
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post #732 of 864 (permalink) Old 05-16-2019, 08:29 PM Thread Starter
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Update!
What a draining day yesterday.
Yesterday was a strange day. It started with an email from my lawyer's office. Asking if any work has begun on my property.
My lawyer was tied up for a week and a half with a different court case.
I updated them and explained that nothing, absolutely nothing has happened since the last email I sent my lawyer.
My lawyer must have called and lit a fire under their arses.
Ten minutes later the new contractor Kieth, was ringing my phone. He was telling me he was on the way to the city to get a permit for the new foundation. I again asked for the updated contract, to make sure I had and agreed to the work that was going to be done. He promised he would hand deliver the contract that day. Told me he wanted to start next week. I told him he needs to do some things before that. Like pull a permit, get MISS dig out to flag the utilities, and have the city engineer grade stake the yard.
My lawyer again emailed me asking to call the city and verify that a permit was pulled.
Simple right?
I called the city at 3:35 pm. The assistant told me that the building inspector was not in for the day. She told me someone stopped by and got the paperwork to file for a permit. That a permit was not granted because the building department wants new drawing of the new foundation. They already have my complete plans on hand, all that has changed is the foundation.
I emailed my lawyer. Yes, the contractor went to the city and got paper work, and NO a permit was not given.
Back to square one.
As of this moment. I still have not received the new contract, and have not had a phone call from the new contractor since yesterday.

I told my lawyer yesterday. It is past time to file a motion for the FULL damages. Over $60,000.00 in damages now. I will email my lawyer again tomorrow.

Just to remind everyone. On April 2nd, 2019 the Judge told them he wants to see shovels in the ground. The judge then pushed back the next court date 1 month, to give them 1 extra month to comply with the agreed settlement. The new court date is May 31st, 2019.

I think the judge is going to be pretty pissed off.

I also keep hearing that they other side wants this lawsuit to be over with quickly, so they can continue their other lawsuit with their insurance company.
That is good for me. They have to pay me off before they can claim damages from their other lawsuit.

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.

Last edited by 1969sag; 05-16-2019 at 08:35 PM.
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post #733 of 864 (permalink) Old 05-16-2019, 09:29 PM
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That's going to be one sweet garage!

65 C Code hardtop from California still wearing it's original paint.
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post #734 of 864 (permalink) Old 05-18-2019, 08:19 PM
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I'm exhausted....don't know how you are dealing with this...
I've built two pole barns, a 14'x42'' addition to my existing garage, finished the upstairs of my detached garage into an apartment for my step daughter, and remodeled the interior of my house since you started this nightmare....whew...
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Last edited by 69bosssvt; 05-18-2019 at 08:23 PM.
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post #735 of 864 (permalink) Old 05-18-2019, 09:30 PM
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By now you could have pulled the plug, moved South, built a mansion house and a double mansion garage ...for the time you have wasted with this train wreck.

Regards,
Patrick
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