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Mr Elliot, My Husband And...

Dealing with a class action? Discuss it here

Mr Elliot, My Husband And...

Postby Jarret » Sun Mar 12, 2017 11:32 pm

Mr Elliot, My husband and I are owners of a newly constructed home on the Ohio area.  Over the past two years we have been unable to get resolution of many of the items listed in our `final walk through` with the builder.  In addition, we have found other issues that we`d like to have addressed by the builder.  However, they have not made any attempts to resolve our issues.  Any suggestions of how we might get results?  Additionally, when talking to other homewners in our development, we are finding that we are not alone.  Believing that,possibly,there is strength in numbers, should we consider filing a class action suit against the particular builder?  What exactly is involved in this process?
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Mr Elliot, My Husband And...

Postby walter52 » Wed Mar 15, 2017 11:55 pm

Fortunately, I am not familiar with the joys of class action, as I deal in English law.  That said, you may wish to consider the following.

Firstly consider whether or not you got good value for your money?  If so, forget the cost of legal action.  Only lawyers profit from those.  What is the value of the outstanding remedial work?  If it is less than say 1-5% of the property value, I would recommend forgetting the builder and doing the work yourself, or paying some one to do it.  Builders, even when working for commercial clients, are notoriously difficult to get to do remedial or small outstanding works.  If there are serious structural faults, then you have to do something and get proper professional advice from a local register PE experienced in this kind of work.  

Have you tried contacting the local, or national, media, dependant on the size and reputation of the builder.  The press can be very influential in sorting problems, or at least preventing others from having the same experience, which may be some joy to you.

In the end, remember that experience is expensive.  Next time hold a retainer on the builder and only release it when all the work is done or pay a professional to inspect the work during construction.  One way or another the buyer always pays.  I must get off my soap box.
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