A question of construction and the ineptitude of such.

Dr. FrenchensteinDr. Frenchenstein Registered User regular
edited June 2012 in Help / Advice Forum
So my house is a piece of crap, that's been well documented. The roof was shit, but i had it fixed, and now my place is as weatherproof as the next house.

However, apparently the house underneath the drywall is shit as well. Where the brick stops, the guy just added plywood boards, and then covered it in Stucco. Take away that stucco, and i don't technically have a solid wall which keeps the elements out. Rain would hit the outside of the plywood, and drain down into the inside of my house, basically.

If someone were to physically remove some of that stucco (conveniently, right where the break from brick/plywood is, and leave that open to the elements, whose fault would the resulting damage be? my fault for the shit construction? or his fault for ripping away the stucco, and just leaving it.

here's an extremely crude (and not to scale) diagram of what i'm talking about.
WallDiagram.jpg

The red line is basically where my neighbor opened up the shared wall.

My thinking is that my house was protected from rain before you started working, it should be kept that way. if it's a matter of me getting my own contractor to do work, fine, but i need to be informed so i can do it. he was still negligent. i don't know if my thinking is correct though... hence the thread.

Dr. Frenchenstein on

Posts

  • DraygoDraygo Registered User regular
    edited June 2012
    Call your insurance.

    I would think that he would be responsible for restoring the wall to its original condition, your local laws may vary.

    Basically he should be responsible to fix the damage to its previous state (with the shit construction) any repairs beyond that to make it non-shit would be up to you.

    Draygo on
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    it's unfortunately too late to go through insurance (I think), when this happened (a year ago) i had different insurance. he tried to fix the damage, but kept stalling & wouldn't finish, and did a shit job. so i'm suing him to get the money to finish everything.

    The next time something goes wrong with my house, i'm calling my insurance company right away. The first time i tried, they browbeat me into not making a claim (huge mistake) i'm now with another carrier who hopefully wont be so shitty.

  • DraygoDraygo Registered User regular
    Is the damage as a result of this issue recently discovered?

    If yes file a claim.

  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    Not to Necropost, but i had my day in court today. He was found at fault, and if i wasn't a dumbass and forgot the estimate for the carpet, i would have been fully compensated. as it stood, i did pretty well! now to try and collect... :(

  • bowenbowen How you doin'? Registered User regular
    Good. I'm super excited for you. And yes that's his fault, the wall was never intended to be external facing probably.

    You should hound their ass as much as you can Dr.F

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • DhalphirDhalphir don't you open that trapdoor you're a fool if you dareRegistered User regular
    Hope that he has some assets, because otherwise the judge might order him to pay something ridiculous like $2 a week for the next 51 years or something.

  • bowenbowen How you doin'? Registered User regular
    Yeah I'm assuming he's got at least another house he's got 10K equity in so the judge can force that to be liquidated on.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • L Ron HowardL Ron Howard Registered User regular
    And then, burn your house down? :D

  • bowenbowen How you doin'? Registered User regular
    I mean normally we aren't supposed to say shit like that in H/A, but yeah, for the insurance money, burn that shit to the ground. I mean.. that's like the best advice I could ever hope to give someone like Dr.F anymore.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    lol. No the house was actually owned by a company, which has several houses in the area. so if he doesn't pay, and i can't imagine why he wouldn't. it's not a whole lot of money, i've got something to seize.

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