multiple small claims against same contractor

[thejaxster]

What is the name of your state? Missouri
Hello, we had a new home built and finished in Nov. 2005. There were a couple of workmanship issues that were not completed at the time of transfer. (we know it was not the smart thing to do, close before having all items repaired). Long story short, the general contractor failed to get the repairs done in the 1 year implied warranty. We filed in the small claims against him and his sub contractors on the different issues. He has an attorney and protected personally because his business is incorporated.
The claims are as follows:
1. Breach of contract - failure to provide services and products as described in the oringal building contract.
2. Defective Workmanship - cultured stone falling off brick.
3. Defective Workmanship - concrete is surface peeling, cracking.

The attorney says they are to be grouped together and cannot be filed seperately because the original contract was for the home being built.

My question is: How do we make sure the court does not allow the defendant's attorney to group the claims together limiting the liability?
We did file the claims seperately, but on the same date as the implied warranty was ending and we were afraid if we did not act, we would not have any recourse.

Any suggestions on laws or how to proceed would be greatly appreciated.
jack

 

[Zigner]

What is the name of your state? Missouri
Hello, we had a new home built and finished in Nov. 2005. There were a couple of workmanship issues that were not completed at the time of transfer. (we know it was not the smart thing to do, close before having all items repaired). Long story short, the general contractor failed to get the repairs done in the 1 year implied warranty. We filed in the small claims against him and his sub contractors on the different issues. He has an attorney and protected personally because his business is incorporated.
The claims are as follows:
1. Breach of contract - failure to provide services and products as described in the oringal building contract.
2. Defective Workmanship - cultured stone falling off brick.
3. Defective Workmanship - concrete is surface peeling, cracking.

The attorney says they are to be grouped together and cannot be filed seperately because the original contract was for the home being built.

My question is: How do we make sure the court does not allow the defendant's attorney to group the claims together limiting the liability?
We did file the claims seperately, but on the same date as the implied warranty was ending and we were afraid if we did not act, we would not have any recourse.

Any suggestions on laws or how to proceed would be greatly appreciated.
jack

This sounds to me like it SHOULD be grouped together in one claim. Good luck.

 

[thejaxster]

reason for not grouping

If a new home owner had a warranty issure and then took the general contractor to small claims to satisfy the defect, then by grouping, I could not hold the contractor accountable for defects that are note seen or detected until a later date.