I just posted this on the constrction thread but I'm angry and want perspective from everyone that has been sucked into this scam.
This is happening all to much. Somebody or something screws up. The party responsible refuses to except that responsibility and drags everyone that had anything to do with the project into the lawsuit because they know they can. They know it would cost us less to contribute to their settlement than the expense for us to prepare and be dragged into trial. Not only will we have to pay the deductible, but as usual, we will either get canned by our insurance company, or they will raise the rates. Is there no way to protect ourselves from this blatant abuse? It has happened to just about every contractor I know. Yesterday I saw a perfect example. I went on a alternative home tour and saw a beautiful home where the construction was halted because of this legal abuse. The new windows and doors have defects and leak. The manufacture has been unable to fix them. The windows and doors have to be completely removed and replaced. The manufacturer (KOLBE & KOLBE) won't step up to the plate and pay for all the expenses they have caused to resolve the matter. The homeowner is forced to sue Kolbe . Even though all the discovery proved the windows and doors were defective, the manufacturer turns around and sues every sub they can regardless it was proven that Kolbe's product was at fault. What a crime! It's no wonder why insurance rates are so ridiculous. The only recourse I can think of is to no longer spec that companies product on any future jobs. But what about all the others? Stucco contractor, Painting Contractor, Architect... How can they retaliate? The biggest victim is the homeowner. Their new beautiful home has been vacant for a couple years now because these corporations, insurance companies, and attorneys can pull this #%@&. At least the homeowners aren't lying down. They are putting up a fight. http://www.leakywindows.com
This legal system is a cancer to the construction industry. Any ideas???
JIMBO
This legal system is a cancer to the construction industry. Any ideas???
JIMBO