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  1. #1
    Join Date
    Nov 2008

    Default Builder Negligence

    My question involves a consumer law issue in the State of: CA

    We hired a builder to build our house.
    Only as the job proceeded did we find out he was using unlicensed subs.
    Unknown to us he did not complete the top of our chimney. He should have installed a metal plate on top to protect the plywood from sparks but he did not and you cannot determine this from the ground.

    Months later we used the fireplace and because the cap was left off our chimney and house went on fire. Fortunately I was able to climb on the roof with a hose and minimise the damage. However there was still 15K of damage.

    We hired a lawyer and took him to court to try and get this money back.
    We dressed appropriately. We showed the contract that stated the builders responsibilities in building the complete house. We hired an expert witness who determined the cause of the fire, the missing top plate.

    The builder turned up in boots and jeans and a tshirt. He had no lawyer. His defense only being, "that it was nothing to do with him."

    Without any explanation the Judge found against us and for the Defendant.
    I have no faith in the system.

    I guess my question is this. Can we seek an explanation from the judge?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Builder Negligence

    How about seeking an explanation from your lawyer?

    Sometimes a judge will rule from the bench, but later follow up with specific findings of fact and conclusions of law. Talk to your lawyer about this judge, what he expects, and whether or not you should appeal.

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