Bathtub Installed Backwards in New Construction

[eggman2001]

My question involves a condominium located in the State of: NY

I purchased a condo unit a few months ago in a building that is new construction. After closing, I noticed that the bathtub was installed backwards making it very uncomfortable to take a bath because the bathtub is designed so that you lie in a certain direction, and the faucet is right where your head is supposed to be.

I called the developer (who is still the managing agent), and he is blaming it on a beam underneath the tub and that the plumbers had to install it this way because of this beam. When I press him about the architectural plans, he admits that the tub wasn't installed according to the architectural plans, but that it cannot be fixed, and he refuses to share the plans with me. I think that it's more of a matter of him not wanting to fix it for whatever reason, than it not being possible to fix.

He has offered me a sum of money as a settlement but I feel that the amount is too small. I'm wondering if I'm legally entitled to a tub that's installed properly, and if I take legal action against him, if I have a strong case.

Thank you for any help.

[Tort]

As a non-lawyer, here's my take.
Let's say the average bid to reverse the tub is $A, the developer offered you $B and if you sue your chance of netting $A is P percent.
If P x $A is greater than $B and other things are equal, sue.
The trick is to find a reasonable low value and high value for P.
DIY forums can give you a range of values for $A, and you can correct the bids for your area by going on the ZIPskinny website.

[KeyWestDan]

This is really dependent on state law.

Do you want specific performance, i.e. the developer to fix the problem? Or do you want to sue for money damages to have the problem fixed yourself? In any case, you have to demonstrate that the developer owes you a LEGAL DUTY to pay to fix the problem. Is there a warranty? Was the problem concealed from you? First you have to come up with a legal basis to collect.

Never mind bids and what the developer will pay crap. You have to establish first that he has a legal duty to correct the problem. It is after closing so you are responsible as it was an obvious defect. Did you pay for a home inspection? Maybe that is something to go after.

You are very likely in no legal position to actually go to court, but ONLY an attorney looking at all relevant documents and the facts can tell you for certain. The developer's offer is likely just for customer relations purposes and he has no legal duty to do anything. If that is the case, you are stuck with what he offers.

An attorney will also explain to you what your chances are of winning and the consequences of losing. You might end up paying the developer's attorney fees. He will look at the law and see if you win, can you even collect attorney fees. Costs could be far more than what you recover. It might be that your contract requires things like this to go to bidding arbitration, so you can't sue if you want to.

Generally each side pays their own attorney fees. The winner only collects attorney fees if allowed by statute or provided for by contract.

There is a lot more to this than the nonsense on bids and percentages.