Comments on: Contractor being sued by Owner/Builder just 3 days before the 10 year statue of limitations. Any Hope? http://www.constructionloanz.com/owner-builder/contractor-being-sued-by-ownerbuilder-just-3-days-before-the-10-year-statue-of-limitations-any-hope California & Nationwide Construction Loans Tue, 27 Jul 2010 08:33:11 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: TMH http://www.constructionloanz.com/owner-builder/contractor-being-sued-by-ownerbuilder-just-3-days-before-the-10-year-statue-of-limitations-any-hope/comment-page-1#comment-215 TMH Thu, 18 Mar 2010 08:23:59 +0000 http://www.constructionloanz.com/owner-builder/contractor-being-sued-by-ownerbuilder-just-3-days-before-the-10-year-statue-of-limitations-any-hope#comment-215 I thought the statute of limitations was 7 years. I work for two general contractors, one of them settles most claims without getting the lawyers involved. Though he usually only deals with EIFS issues. As a general contractor, the best way to protect yourself is with a signed contract. One between you and the owner. One between you and each of the subcontractors. Every subcontractor should also be giving you a Certificate of Insurance listing you as an additional insured. This helps protect you and leaves them liable for poor quality of work. As a general contractor, you should not be paying any legal fees - everything should be dealt with through the insurance company. That's what general liabilty insurance is for. In every case that either of the contractors I work for have been involved in, they have only had a minimum out of pocket expense - $250 for the stucco cases. The insurance company has covered the rest and hired the attorney. Any time we get a complaint, (this is regarding stucco and one leaking roof) we get a list of ALL insurance companies that the subcontractor has used for the last 7 years and we send out a letter with copies of the inspection report, building permits, repair estimates, original paid invoice, signed contracts, certificates of liability insurance and any notices received from the owner. We send this to every insurance company the subcontractor has had including the current and we send it to all of our insurance companies - past and present. Every case was resolved through insurance companies with no attornies involved at all and the general was charged a $250 fee by the insurance company - probably a minimum payment agreement when he signed up for insurance.<br><b>References : </b><br> I thought the statute of limitations was 7 years. I work for two general contractors, one of them settles most claims without getting the lawyers involved. Though he usually only deals with EIFS issues. As a general contractor, the best way to protect yourself is with a signed contract. One between you and the owner. One between you and each of the subcontractors. Every subcontractor should also be giving you a Certificate of Insurance listing you as an additional insured. This helps protect you and leaves them liable for poor quality of work.

As a general contractor, you should not be paying any legal fees – everything should be dealt with through the insurance company. That’s what general liabilty insurance is for. In every case that either of the contractors I work for have been involved in, they have only had a minimum out of pocket expense – $250 for the stucco cases. The insurance company has covered the rest and hired the attorney.

Any time we get a complaint, (this is regarding stucco and one leaking roof) we get a list of ALL insurance companies that the subcontractor has used for the last 7 years and we send out a letter with copies of the inspection report, building permits, repair estimates, original paid invoice, signed contracts, certificates of liability insurance and any notices received from the owner. We send this to every insurance company the subcontractor has had including the current and we send it to all of our insurance companies – past and present. Every case was resolved through insurance companies with no attornies involved at all and the general was charged a $250 fee by the insurance company – probably a minimum payment agreement when he signed up for insurance.
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]]> By: THATONEDUDE http://www.constructionloanz.com/owner-builder/contractor-being-sued-by-ownerbuilder-just-3-days-before-the-10-year-statue-of-limitations-any-hope/comment-page-1#comment-214 THATONEDUDE Thu, 18 Mar 2010 07:47:59 +0000 http://www.constructionloanz.com/owner-builder/contractor-being-sued-by-ownerbuilder-just-3-days-before-the-10-year-statue-of-limitations-any-hope#comment-214 Looks like its of to the un-employment office for you. :(<br><b>References : </b><br> Looks like its of to the un-employment office for you. :(
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