CONSTRUCTION WORK NOT DONE ACCORDING TO PERMIT/ENGINEERED DRAWINGS

[kyle canady]

North Carolina-Hired a "contractor" to place new pipes in a spillway that had failed closing the road to a private neighborhood with private roads. He subcontracted to a well known local subcontractor. Pipes were to be placed 66" below rebuilt roadway and instead they were only placed 20" below roadway causing the lake being retained to be perilously high. This lake has over-topped many times in the past often taking the road out causing 70 property owners extreme inconvenience to get in and out of the neighborhood. The HOA paid in full for the poorly completed repair with the understanding the "contractor" and his subcontractor would correct the pipe depth for another $5K. Originally we paid $30K for the repair. Suddenly the "contractor" died and now the subcontractor wants another $22K to fix what he did saying he never saw the permit or the drawings and set the pipes where he thought they should go. We paid $2.4K for the drawings as ordered by the Corp of Engineers and CAMA and this drawing is on the CAMA permit. Government entities provided no oversight of the work being performed( apparently the HOA didn't either) . The HOA is out of money with no hope of obtaining another $22K and the next major rain event is sure to take the road out again. Who should we go after and how, not having funds to hire an attorney? The deceased "contractor" has two pieces of property in his name at the time of his death but otherwise his family has gone underground. It doesn't appear his estate is in probate yet since the courthouse has been shut down, he died on Jan. 14, 2019. The subcontractor has many parcels and equipment in his name but no local attorneys will go after him, it's a small close knit rural area, Brunswick county, NC.
What to do?-I have a property there I want to sell but without a road it won't sell?

 

[Zigner]

Your matter is far beyond the scope of an internet forum. Keep looking for an attorney.

 

[adjusterjack]

What to do?

What do you do? Nothing. It's the HOA's problem.

I have a property there I want to sell but without a road it won't sell?

It'll sell. Just price it low enough.

 

[zddoodah]

Whoever hired the contractor (the HOA?) needs to retain legal counsel, and it probably needs to be done quickly. If the contractor was an individual who has died (as opposed to a corporation or LLC whose president/manager has died), then there may be a limited time to make a claim against his estate.

The HOA probably should have required that the contractor bond the work, but I'm guessing that didn't happen.

 

[quincy]

North Carolina-Hired a "contractor" to place new pipes in a spillway that had failed closing the road to a private neighborhood with private roads. He subcontracted to a well known local subcontractor. Pipes were to be placed 66" below rebuilt roadway and instead they were only placed 20" below roadway causing the lake being retained to be perilously high. This lake has over-topped many times in the past often taking the road out causing 70 property owners extreme inconvenience to get in and out of the neighborhood. The HOA paid in full for the poorly completed repair with the understanding the "contractor" and his subcontractor would correct the pipe depth for another $5K. Originally we paid $30K for the repair. Suddenly the "contractor" died and now the subcontractor wants another $22K to fix what he did saying he never saw the permit or the drawings and set the pipes where he thought they should go. We paid $2.4K for the drawings as ordered by the Corp of Engineers and CAMA and this drawing is on the CAMA permit. Government entities provided no oversight of the work being performed( apparently the HOA didn't either) . The HOA is out of money with no hope of obtaining another $22K and the next major rain event is sure to take the road out again. Who should we go after and how, not having funds to hire an attorney? The deceased "contractor" has two pieces of property in his name at the time of his death but otherwise his family has gone underground. It doesn't appear his estate is in probate yet since the courthouse has been shut down, he died on Jan. 14, 2019. The subcontractor has many parcels and equipment in his name but no local attorneys will go after him, it's a small close knit rural area, Brunswick county, NC.
What to do?-I have a property there I want to sell but without a road it won't sell?

How much of the cost of the pipes did you personally have to pay as one of the property owners?

 

[NeilTheCop]

Your matter is far beyond the scope of an internet forum. Keep looking for an attorney.

Especially when the subcontractor claimed he did not see any permits or plans and put the pipe in using only guesswork.

 

[xylene]

YOU HAVE

70

NEIGHBORS INVESTED IN A FAVORABLE OUTCOME

Try working together.