My question involves a consumer law issue in the State of: Louisiana
My question is about consulting a lawyer about home defects.
New house moved in July 2016
There were issues with our stairway in September 2016. They were corrected. No other action taken
June 2017 - Current:
The stairway issues returned. Further investigation uncovered mold and HVAC issues. Mold inspection completed paid for by homeowner - two types of mold. Inspector recommended remediation. Contractor agreed to pay for remediation once HVAC issues corrected.
HVAC system found to be defective - was not installed according to engineered plans - serious shortcuts - installation shortcuts directly related to the performance of the system and the moisture in the house. Contractor agreed to repair the unit. The HVAC company drug their feet and nothing got done.
Finally in mid august we demanded a new HVAC company - contractor agreed. New HVAC company recommended total tear out
and new system. Contractor agreed to pay. He told us "whatever needs to be done, I will do, I'm tired of messing with this"
New HVAC company is currently prepping to get job started. My wife and I planned on meeting with the general contractor to discuss our terms.
Our terms include:
--Payment for HVAC system,
--Payment for mold remediation
--Reimbursement for Mold Inspection,
--Reimbursement for inspection by 3rd party HVAC company (that uncovered the problems after the original guy never showed up)
--Replacement of items that cannot be cleaned or are damaged by mold (a few hundred dollars worth of recessed lights, light switches, some wet insulation, and a few paint touch up spots - the mold damage is not extensive yet)
--Reimbursement for hotel accommodations while the house is vacated.
I feel that the contractor knows he is responsible for problems we are having. He has not disputed that. He has already agreed to replace the HVAC system, and paying for the mold remediation. Those two items account for 75% of costs listed above.
We have not met with him yet, but will in a couple days. Friends and family are strongly suggesting we speak with an attorney before we speak with the contractor. I don't see the need. If the contractor refuses to pay for the work or reimburse us, I have no problem speaking with the attorney at that time.
After a couple months of no progress, the contractor is now cooperating and so far agreeing to our terms. I feel bringing an attorney in prematurely could cause headache and stop progress. I never had any intention to sue or make a profit. I only want to get my house fixed. I think that if the contractor is cooperating, an attorney is not yet necessary. Yet, I'm being told I need to protect myself.
I also know that if i get an attorney involved, word will get around in my small town and I will never get another contractor to touch my house in fear of lawsuits.
Am i right to want to wait? Or am I leaving myself unprotected?
My question is about consulting a lawyer about home defects.
New house moved in July 2016
There were issues with our stairway in September 2016. They were corrected. No other action taken
June 2017 - Current:
The stairway issues returned. Further investigation uncovered mold and HVAC issues. Mold inspection completed paid for by homeowner - two types of mold. Inspector recommended remediation. Contractor agreed to pay for remediation once HVAC issues corrected.
HVAC system found to be defective - was not installed according to engineered plans - serious shortcuts - installation shortcuts directly related to the performance of the system and the moisture in the house. Contractor agreed to repair the unit. The HVAC company drug their feet and nothing got done.
Finally in mid august we demanded a new HVAC company - contractor agreed. New HVAC company recommended total tear out
and new system. Contractor agreed to pay. He told us "whatever needs to be done, I will do, I'm tired of messing with this"
New HVAC company is currently prepping to get job started. My wife and I planned on meeting with the general contractor to discuss our terms.
Our terms include:
--Payment for HVAC system,
--Payment for mold remediation
--Reimbursement for Mold Inspection,
--Reimbursement for inspection by 3rd party HVAC company (that uncovered the problems after the original guy never showed up)
--Replacement of items that cannot be cleaned or are damaged by mold (a few hundred dollars worth of recessed lights, light switches, some wet insulation, and a few paint touch up spots - the mold damage is not extensive yet)
--Reimbursement for hotel accommodations while the house is vacated.
I feel that the contractor knows he is responsible for problems we are having. He has not disputed that. He has already agreed to replace the HVAC system, and paying for the mold remediation. Those two items account for 75% of costs listed above.
We have not met with him yet, but will in a couple days. Friends and family are strongly suggesting we speak with an attorney before we speak with the contractor. I don't see the need. If the contractor refuses to pay for the work or reimburse us, I have no problem speaking with the attorney at that time.
After a couple months of no progress, the contractor is now cooperating and so far agreeing to our terms. I feel bringing an attorney in prematurely could cause headache and stop progress. I never had any intention to sue or make a profit. I only want to get my house fixed. I think that if the contractor is cooperating, an attorney is not yet necessary. Yet, I'm being told I need to protect myself.
I also know that if i get an attorney involved, word will get around in my small town and I will never get another contractor to touch my house in fear of lawsuits.
Am i right to want to wait? Or am I leaving myself unprotected?
New Construction Hvac Mold
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