WELCOME TO RIVER DAVES PLACE

Any suggestions on finding a good attorney. Is it all word of mouth or has someone found a way to find them?

Booshy

Well-Known Member
Joined
Jul 7, 2013
Messages
220
Reaction score
165
I am looking for an attorney to help me with a insurance coverage issue. I also need someone that handles construction defects? Looking for someone what specializes or deals with this type of thing on a regular basis and has a little bit of Pit bull in them.

I bought a home and it was renovated by a contractor my partner on this deal hired. My partner was responsible for overseeing the home and its work and dealing with the contractor as part of this agreement. We sold the home made some $ and now the new owner is having misc issues with the home. He has hired an attorney and there going thru the home. Since I was the owner of record I am being pulled in on the claim. I paid a good amount of money on the budget for the contractor to get insurance which he did but of course coverage was denied by insurance.

I would like to get ahead of this if I can. My attorney I refer things to said this is not in his wheel house and is referring me to someone else. But I figured I would ask the brain trust as well if someone has and suggestions or past good experiences.

Thanks

B
 

evantwheeler

Well-Known Member
Joined
Dec 27, 2015
Messages
2,525
Reaction score
4,767
I am looking for an attorney to help me with a insurance coverage issue. I also need someone that handles construction defects? Looking for someone what specializes or deals with this type of thing on a regular basis and has a little bit of Pit bull in them.

I bought a home and it was renovated by a contractor my partner on this deal hired. My partner was responsible for overseeing the home and its work and dealing with the contractor as part of this agreement. We sold the home made some $ and now the new owner is having misc issues with the home. He has hired an attorney and there going thru the home. Since I was the owner of record I am being pulled in on the claim. I paid a good amount of money on the budget for the contractor to get insurance which he did but of course coverage was denied by insurance.

I would like to get ahead of this if I can. My attorney I refer things to said this is not in his wheel house and is referring me to someone else. But I figured I would ask the brain trust as well if someone has and suggestions or past good experiences.

Thanks

B
Is there a bunch of stuff that is a life safety issue, tons of obvious workmanship problems, or is the buyer just some asshole with a father who is an attorney and is having buyers remorse? I always thought as a buyer it was on you to do your due diligence. That's why you pay for a professional home inspection in escrow.
 

DaveH

Well-Known Member
Joined
Sep 9, 2008
Messages
2,602
Reaction score
3,522
is it possible to just buy the house back, fix minor defects and then sell it again? seems like a better way to go as lawyer fees will be outrageous
 

ChumpChange

Commercial Banker
Joined
Dec 19, 2007
Messages
9,787
Reaction score
11,025
Is there a bunch of stuff that is a life safety issue, tons of obvious workmanship problems, or is the buyer just some asshole with a father who is an attorney and is having buyers remorse? I always thought as a buyer it was on you to do your due diligence. That's why you pay for a professional home inspection in escrow.

After three years of litigation, my dad just settled one of these suits. Most ridiculous lawsuit in the world.


is it possible to just buy the house back, fix minor defects and then sell it again? seems like a better way to go as lawyer fees will be outrageous

My dad made this offer. They didn’t take it. The day after the settlement they listed the house and made $1 million on it.

Lawyers suck.

Good luck to the OP I’m getting ahead of this because because my dad over $500,000 for something that could’ve easily been fixed for $20,000.
 

Tooms22

On Vacation
Joined
Nov 25, 2015
Messages
2,016
Reaction score
4,697
Thanks @shintoooo

What state was this in?

My wife's firm handles construction defense mostly in CA but she doesn't practice that herself. I also think they represent homebuilders and contractors for full developments vs. a single home issue.

When it comes to referrals for attorneys, ask more questions than just "Can I get a referral to someone?"

Ask if they know the other attorney professionally or personally and for how long. Ask if they have sent similar cases to this attorney and how they turned out. And ask if they would trust this attorney if they were in your position. Obviously you can get all bullshit answers to these questions but hopefully you can read between the lines and figure it out.

I try to find attorneys that l like and who do good work. If I don't have that in my rolodex, I still try to find an attorney for the potential client through other attorneys that I trust. So when you ask for a referral, are you getting the random business card on the desk attorney or a good buddy who will do a great job on your case?
 

dribble

Well-Known Member
Joined
Mar 25, 2008
Messages
3,750
Reaction score
5,982
Is it not sold as is?
You can sell as house as is. In any event you have to disclose all defects or any other conditions that can affect value that are known to you.
 

traquer

Well-Known Member
Joined
Nov 7, 2013
Messages
3,760
Reaction score
5,040
Might have to think outside the box on this one?

Related story,... Uncle buys land in Europe recently in an agricultural zone and starts building a house that's bigger than technically allowed. Nobody really cares and he knew how to get it done, but the Asshole Karen neighboor notices the activity and comes over one day telling him that she's reported it to the Authorities. She is annoyed by the construction and finally having a neighbor (no other houses nearby) etc.

So as quick thinking as he is, he's like hmm.... Ok lady. If that's what you want and don't want me coexist with you and live here in peace with my 2 daugthers, then fine. I'm rich, so if I can't live here anyway then I don't care. I will sell this land and project at a loss to the local rich gypsies and let them build 5 little houses here and let them bring their family of 50 over. Noise and parties and crime all week long. I'm dead serious. What's it gonna be lady??

She revoked the complaint the next day, and is the best neighbor they've ever had for over 10 years now LOL. She just got scared and he had to figure out an unconventional but legal way to have her chill out for a minute..
 

Booshy

Well-Known Member
Joined
Jul 7, 2013
Messages
220
Reaction score
165
Thanks Everyone for the thoughts. Probably some buyers remorse here. He made a comment to my partner who was also the selling agent / designer that he heard he from a neighbor he over paid by a million dollars. I don't want to buy back the house as I am trying to get ride of all my California property :) get myself to a place run by sane people.

Owner is out of Hong Kong and wanted to send his kids to school here. Also keep in mind a he's owned the house for a year before he filed this.

He had the home inspected 2 times before buying it. It passed all city inspections (I know that does not mean much)

My main issues is this is on the General Contractor not me! I paid the contractor almost 3 million for this remodel.

Pool plumbing issues. Contractor oversaw the pool.
Issues were a water leak from a wood beam on the patio going into the wall / Stucco. Poor waterproofing I assume,
Hairline cracking on concrete patio.
Hairline cracking on Santa barber stucco.
Misc complaints on other items.

The GC has offered to fix things but the new owner does not trust him and wants nothing to do with him.

The GC had a line item on his contract for insurance which was somewhere around $25k. I reviewed his first policy and it was from a poorly rated insurance company. (I sent it off to a broker buddy of mine to review) He then got a better policy. But when all of this started I reached out to file a claim and they said they were denying the claim due to the fact they were not the insurer the entire time of the project. Meaning the 1 month he had that crap policy.
 

Englewood

Well-Known Member
Joined
Jun 12, 2012
Messages
3,703
Reaction score
5,853
Thanks Everyone for the thoughts. Probably some buyers remorse here. He made a comment to my partner who was also the selling agent / designer that he heard he from a neighbor he over paid by a million dollars. I don't want to buy back the house as I am trying to get ride of all my California property :) get myself to a place run by sane people.

Owner is out of Hong Kong and wanted to send his kids to school here. Also keep in mind a he's owned the house for a year before he filed this.

He had the home inspected 2 times before buying it. It passed all city inspections (I know that does not mean much)

My main issues is this is on the General Contractor not me! I paid the contractor almost 3 million for this remodel.

Pool plumbing issues. Contractor oversaw the pool.
Issues were a water leak from a wood beam on the patio going into the wall / Stucco. Poor waterproofing I assume,
Hairline cracking on concrete patio.
Hairline cracking on Santa barber stucco.
Misc complaints on other items.

The GC has offered to fix things but the new owner does not trust him and wants nothing to do with him.

The GC had a line item on his contract for insurance which was somewhere around $25k. I reviewed his first policy and it was from a poorly rated insurance company. (I sent it off to a broker buddy of mine to review) He then got a better policy. But when all of this started I reached out to file a claim and they said they were denying the claim due to the fact they were not the insurer the entire time of the project. Meaning the 1 month he had that crap policy.
Your partner was also the buyer's agent?

Hate to say it, but this is gonna cost you some $$. Hopefully you can collect from the GC in some way. Get it settled as soon as possible because its only gonna get more expensive.
 

C-Ya

Int’l Maritime Captain
Joined
Oct 31, 2008
Messages
2,758
Reaction score
10,394
I am looking for an attorney to help me with a insurance coverage issue. I also need someone that handles construction defects? Looking for someone what specializes or deals with this type of thing on a regular basis and has a little bit of Pit bull in them.

I bought a home and it was renovated by a contractor my partner on this deal hired. My partner was responsible for overseeing the home and its work and dealing with the contractor as part of this agreement. We sold the home made some $ and now the new owner is having misc issues with the home. He has hired an attorney and there going thru the home. Since I was the owner of record I am being pulled in on the claim. I paid a good amount of money on the budget for the contractor to get insurance which he did but of course coverage was denied by insurance.

I would like to get ahead of this if I can. My attorney I refer things to said this is not in his wheel house and is referring me to someone else. But I figured I would ask the brain trust as well if someone has and suggestions or past good experiences.

Thanks

B
To answer your question in your title……..

Go to California Bar Association website.

Search for attorneys that are “Board Certified” in California Construction Law and California Real Estate Law. It is common to have multiple certifications, so the attorney that has both of those should know his stuff. Btw, Board Certification is not easy. Many attorneys fail or have to take the test multiple times to pass. It takes months of study to pass the tests.

Just some advice………. Try to settle as soon as possible. The longer it takes, the more expensive it becomes. I read your 2nd post to my wife who is board certified in Florida Construction Law and her response was…….. “Sounds like a clusterfuck”
 

ChumpChange

Commercial Banker
Joined
Dec 19, 2007
Messages
9,787
Reaction score
11,025
Thanks Everyone for the thoughts. Probably some buyers remorse here. He made a comment to my partner who was also the selling agent / designer that he heard he from a neighbor he over paid by a million dollars. I don't want to buy back the house as I am trying to get ride of all my California property :) get myself to a place run by sane people.

Owner is out of Hong Kong and wanted to send his kids to school here. Also keep in mind a he's owned the house for a year before he filed this.

He had the home inspected 2 times before buying it. It passed all city inspections (I know that does not mean much)

My main issues is this is on the General Contractor not me! I paid the contractor almost 3 million for this remodel.

Pool plumbing issues. Contractor oversaw the pool.
Issues were a water leak from a wood beam on the patio going into the wall / Stucco. Poor waterproofing I assume,
Hairline cracking on concrete patio.
Hairline cracking on Santa barber stucco.
Misc complaints on other items.

The GC has offered to fix things but the new owner does not trust him and wants nothing to do with him.

The GC had a line item on his contract for insurance which was somewhere around $25k. I reviewed his first policy and it was from a poorly rated insurance company. (I sent it off to a broker buddy of mine to review) He then got a better policy. But when all of this started I reached out to file a claim and they said they were denying the claim due to the fact they were not the insurer the entire time of the project. Meaning the 1 month he had that crap policy.
Sounds like the same story I’m referencing above. Buyers remorse. They filed a suit the day before the statue a limitation‘s ran out. I think that was two years. They had already scraped the entire backyard and basically ran out of money to put it back together so they went after the sellers.

And to top it off the buyer was a contractor. They hired an inspector, he inspected it. All the necessary due diligence. He knew more about the house than the sellers and still got away with the lawsuit extortion.
 

Booshy

Well-Known Member
Joined
Jul 7, 2013
Messages
220
Reaction score
165
Your partner was also the buyer's agent?

Hate to say it, but this is gonna cost you some $$. Hopefully you can collect from the GC in some way. Get it settled as soon as possible because its only gonna get more expensive.

My partner was the selling agent. The buyer had his own realtor who represented him.
 

Englewood

Well-Known Member
Joined
Jun 12, 2012
Messages
3,703
Reaction score
5,853
My partner was the selling agent. The buyer had his own realtor who represented him.
Hate to deliver bad news but this is gonna get expensive the longer it drags out. I owned a RE company for 20 years and have seen this play out many times.

The fact that your partner was the selling agent puts you at a huge disadvantage. You should really hire an outside party in the future.

Is your partner/agent named? If so, maybe you can go through EO insurance.

I’m not sure if she is taking on work but Anna Greenstin Kudla in OC is a savage. I would give her a call.
 
Top