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USAviator56

Junior Member
What is the name of your state? Ohio
( I apologize if this is not in the proper forum )
My fiance and I had a local contractor build a deck onto our home. The agreement was for $ 3,500.00 including labor and materials. As it turned out the project was completed with poor craftsmanship,and sub standard materials. Even though the deck is only two months old, it is already begining to warp and twist to the point where the roof has a gap almost the full length . We are concerned mainly about ice and snow causing damage to our house if it builds up in this gap over the winter. I've contacted this person and asked that he make the repairs, but as yet have not heard from him. The lowest estimate we have received for these repairs actually exceed the original cost of the deck.
We've been considering going to small claims court to attempt to recoup at least a part of our money, but I understand that even if we win, the contractor may not have to pay if he can prove he has no assets ( property in someone elses name , etc. , etc ) My questions are:
1 ) If the deck is not repaired before winter and it causes damage to the house can we sue in Other than Small Claims Court ??
2 ) What other options might we consider ??
3 ) Would it be a good idea to hire an attorney to draft a letter to this individual to "throw the fear of God " into him prior to going to file in Small Claims.
4 ) Would posting the photos and name of this individual on a web site make me liable ???
 


seniorjudge

Senior Member
1 ) If the deck is not repaired before winter and it causes damage to the house can we sue in Other than Small Claims Court ??

A: You have to mitigate damages. You can't just sit around hoping for more damages.



2 ) What other options might we consider ??

A: Sue the bad person in small claims court for the acutal dollar amount of damages you suffered.



3 ) Would it be a good idea to hire an attorney to draft a letter to this individual to "throw the fear of God " into him prior to going to file in Small Claims.

A: I don't know the bad guy so I couldn't answer this.



4 ) Would posting the photos and name of this individual on a web site make me liable ???

A: Liable for what?




I am curious to know how and why you allowed such a slob to complete the job?!
 

USAviator56

Junior Member
Re: " Missed Something "

I guess all I can say is that the deck was something we've wanted for quite sometime, I had received a cash settlement ( Pension ) and this "gentleman " gave us the lowest bid.
I know it sounds difficult to beleive, but the deck was OK, when completed in mid May, but due to obviously poor materials, it is warping and twisting away from the house. It is my understanding that a deck should last a couple of decades ( at the least ) but I sincerely doubt that this one will withstand the winter.
I see by reading other posts in this forum that I have up to two years to file, and I am continuing to photograph the changes in the structure. I have also asked a friend who is a structural engineer to give us her opinion of this deck, and what she feels we should do to correct it ... I am still considering my options . . .
Maybe I should consider a "non monetary" solution , which will not involve the courts ???
 

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