Builder says I was overpaid for a settlement...wants money back

[TiredOfBuilder]

What is the name of your state? CA

We recently had problems with the flooring in our house. We pursued it with our builder who was being non-responsive, so we also pursued it with the flooring manufacturer.

After some period of time (and getting the BBB and State License Board involved) we ended up signing a release with the builder releasing them of liability (with a settlement cost). In parallel, we also signed a release with the manufacturer releasing them from liability (also with a settlement cost).

The builder is claiming that the settlement that was sent to us from the manufacturer was supposed to go to them. However, when we contacted the manufacturer, they said they had never heard of the builder and that everything was done as they expected and that the issue is between me and the builder.

Our builder is now threatening us saying that they are going to take legal action. Do they have a legal basis for this?

 

[HomeGuru]

What is the name of your state? CA

We recently had problems with the flooring in our house. We pursued it with our builder who was being non-responsive, so we also pursued it with the flooring manufacturer.

After some period of time (and getting the BBB and State License Board involved) we ended up signing a release with the builder releasing them of liability (with a settlement cost). In parallel, we also signed a release with the manufacturer releasing them from liability (also with a settlement cost).

The builder is claiming that the settlement that was sent to us from the manufacturer was supposed to go to them. However, when we contacted the manufacturer, they said they had never heard of the builder and that everything was done as they expected and that the issue is between me and the builder.

Our builder is now threatening us saying that they are going to take legal action. Do they have a legal basis for this?

**A: somehow, you may have double-dipped on the settlement $$$$ but you have not provided this pertinent information. Why?

 

[TiredOfBuilder]

Which pertinent information? The release from the builder states that I will not hold them responsible for the installation and is for one dollar amount. The release from the manufacturer states that I will not hold them resonsible and was for a completely different amount.

If there was truly some accident and I have accidently "double-dipped", I told the builder that if I received a letter from the manufacturer (whom I called and that states they haven't even heard of the builder in this case) stating that there was a mistake on their part, I would gladly pay to the builder the money I received from the manufacturer.

However, the builder states that the manufacturer is not returning their phone calls. Which is truly odd, because I have called the manufacturer directly on four occassions and gotten through to a live person every time.

So, my builder is demanding the check from me while the manufacturer is saying that the check went to the right location.

Does that answer your questions? The questions are: Could I have accidently "double-dipped" through a mistake at the manufacturer, and truly owe the money back? Regardless, since the builder and manufacturer are saying two completely different things, am I not justified in getting them to agree before sending off a check blindly?

 

[HomeGuru]

Which pertinent information? The release from the builder states that I will not hold them responsible for the installation and is for one dollar amount. The release from the manufacturer states that I will not hold them resonsible and was for a completely different amount.

If there was truly some accident and I have accidently "double-dipped", I told the builder that if I received a letter from the manufacturer (whom I called and that states they haven't even heard of the builder in this case) stating that there was a mistake on their part, I would gladly pay to the builder the money I received from the manufacturer.

However, the builder states that the manufacturer is not returning their phone calls. Which is truly odd, because I have called the manufacturer directly on four occassions and gotten through to a live person every time.

So, my builder is demanding the check from me while the manufacturer is saying that the check went to the right location.

Does that answer your questions? The questions are: Could I have accidently "double-dipped" through a mistake at the manufacturer, and truly owe the money back? Regardless, since the builder and manufacturer are saying two completely different things, am I not justified in getting them to agree before sending off a check blindly?

**A: read my response again.

 

[TiredOfBuilder]

OK. I'm not intentionally trying to ignore your question/statement.

I'm actually trying to figure out what constitutes "double-dipping" and if somehow there was an accidental "double-dip" on the settlement. I have no problem paying the money to the builder...but I've talked directly to the manufacuturer about the entire situation and they say that they sent the check to the right place.

 

[lwpat]

OK. I'm not intentionally trying to ignore your question/statement.

Let me try to make it a little plainer for you. Were any repairs made to the floor and if so who paid for them?

 

[HomeGuru]

Let me try to make it a little plainer for you. Were any repairs made to the floor and if so who paid for them?

**A: and how much was paid and how much was the flooring contract?

 

[TiredOfBuilder]

The repairs to the floor were made by ourselves. We paid out of pocket around $40K. The two releases from the builder and the manufcturer were in order $31K and $17k.

 

[lwpat]

The release from the builder states that I will not hold them responsible for the installation and is for one dollar amount.

Which is it, one dollar or 48,000 or 31,000 or 17,000?

Based on your costs of 40,000 I would say that a settlement of 48,000 would be fair and reasonable. The 20% markup would be for your time, trouble and loss of use. Everything depends on the exact wording of the releases. I assume that you had them prepared by an attorney so consult with him.