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John from Riverside

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Posts posted by John from Riverside

  1. I have been to court twice on small claims before, and although both were smaller dollar values than what you have on your hands, I can tell you this:

     

    document everything!

    document everything!

    document everything!

     

    and when you get done documenting everthing document somemore!

     

    keep all coorespondance from the contractor including all messages on voicemail.

     

    read your contract carefully.  if this guy has done anything against what is in the contract he is screwed.

    if he has done everything in his contract but for some reason you are not satisfied, then you are screwed.

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    On the rocks,

     

    Since you have been in small claims court can I ask you something.....

     

    I read and reread my contract over my lunch hour....and I just saw something I didn't catch before......

     

    My contract says that this pool company must complete my pool by the "date indicated" but I caught on another page that the pool company wrote in "TBA" as teh date.

     

    I didnt think this a big thing at the time because the salesperson went on and on about how they were redoing their scheduling board and could not give me a date THAT DAY.....

     

    When the crew came out and excavated when I called in to find out what was next they then gave me the date of Aug 13th.....it had been Aug 13th on their board all the time after that as the "absolutely last drop dead day that they would never reach" until of course the day they reached it and were not finished.....

     

    Am I screwed?

  2. John, I've been involved in alot of litigation and disputes because of the work I do as a Bankruptcy Trustee. Just remember, you catch more flies with honey. As the saying goes, let them lift their head a little higher before you hit them. I would try to be as amicable as possible while expressing your concerns, possibly even a letter in a none threating tone.  Then, when you are happy with the finished product and have a decent working relationship, you may want to address the problems with the contract. Also, remember, if the law is similiar to Canada, the contract can also place a Builder's lien on your property if not paid in full.

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    Hardy,

     

    Yes that is exactly what he threatened me with....a biulders lien. He also made a vailed threat about my warranty and going the the BBB

     

    I have actuallly already filed the BBB complaint.....I am trying to get ahold of the State Licencing Board.......

  3. I finally got the owner on the phone (who only responded to me because I said I was withholding payment till I talked to him)

     

    - Sending over a guy today to pick up final payment

    - Threatened to put a lean on my house if I didn't pay

    - Threatened not to honor my warranty if I contacted the BBB or did not pay

    - Blamed the delays on the 3 inspection failures at the end of the project....blamed my dogs for everything else

    - Said that if I didn't pay I "wouldn't be able to use my pool until it was resolved" HOW IN THE WORLD IS HE GONNA STOP THAT

     

    Man....I am just fuming here....part of me just wants to write the damn check tape it to a grenade....and throw it threw Cal Wests biulding window.....part of me just wants to tell him....I aint paying until you make ammends......

     

    If I had more time to screw with this (I am on a Carnival Cruise boat come Monday) I would tell this guy to go :I starred in Brokeback Mountain: himself....but after talking with him on the phone I am genuine concerned he might come over and sabatoge my pool when noone is there.......

     

    Thoughts?

  4. It really all depends on what reasons they have given you as to why the job has not been completed.  If you live on the east coast I can give you two possibilities for the slow work.  One is the weather, there has been an awful lot of rain this summer and when your dealing with any type of dirt work this can slow the process down dramatically, not only do you miss out on the days it rains but usually have to let the dirt dry out before returning to the job.  Now you did say you had alot of sand so that should be to the advantage of the contractor, as sand tends to allow water to drain faster.  Two if they have yet to pour your concrete I can tell you there is a severe concrete shortage right now and most distributors have started to ration their concrete, usually you need to give them about a weeks lead time and when that day comes and your not ready its back to the end of the line. Unfortunately I doubt there is much you could do as these contracts are cleverly written for situations just like this. And by the way I am not a pool contractor but my buisness deals with the same types of hurdles.  Good luck.

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    I live in Southern California and there has not been one bad day of weather for work for the last 4 months (pretty much)

     

    As far as cement goes...it is a vinyl liner pool....the only cement that is poured is around the base....a very small amount.....

     

    This is a matter of a company having 2 crews working on 40 pools at once.....

     

    Any other opinions out there?...I am about to call them

  5. As you may or may not know I have been in the process of putting in a inground swimming pool for some time now....as a matter of fact it has been a LONG time....a vinyl liner pool no less and these are supposed to be quick biulds.....

     

    I was enticed into signing a contract for the pool because the salesman told me they were getting them in quick and I would have it as early as TEN WORKING DAYS....definately no longer then 3 weeks......but their scheduling board was being reworked so that date was not put on the contract.

     

    About 2 weeks into this thing (after they had dug the hole I started the clock from there) it became quite apparent that this company wasnt going to be finished in 2 weeks or even three weeks.....I called the owner and explained the situation to him......who told me it would be put on a priority and it would take TWENTY WORKING DAYS...or basically....4 weeks.

     

    It has now been EIGHT WEEKS..........and this was probably the easiest dig they had all year as my back yard is like sand....they basically were overloaded and came out and worked on my pool ONE DAY A WEEK......

     

    I dont want to pay them the full amount.......I didn't get one of those damages clauses where they start deducting after a certain date but it does clearly state in my contract "Cal West will complete the pool by the specified date up excuvation" now THAT date was Aug 13th (they told me there was no way it would take that long back in June)

     

    The pool cost 17K....I was going to ask for $500. back....do I have a leg to stand on?

  6. It would not shock me at all to see Sullivan and Pucillo get cut.....and then some veteran players be brought in after final cuts....since neither of them are starting.....

     

    To be honest...I am way more disappointed in Sullivan then I am in Pucillo....why? Because I always knew Pucillo sucked....

     

    Marquez Sullivan is an entirely different story....I always thought this guy should have been our mainstay at Right Guard....he was a real roadgrater....then things went South.....

  7. If I were Kobe, I'd say my desires were to live life with my kid and wife and my Mom and Dad, and to win championships playing basketball as this game brings me lots of dollars so i can enjoy life with my family.

     

    If I have to make a financial payoff to end my relationship and time spent on folks in Colorado and their legal system I'd easily do this.  In fact, I would view "sticking to my guns" as you put it as another act of selfishness and satisfying my needs over the needs of my family when doing this was what got me in trouble in the first place.

     

    I think one of the problems with our society is that people take actions to satisfy their own needs first whether they views their needs as a sexual romp in CO or "sticking to their guns". 

     

    ESPN said this morning that Kobe's lawyers will probably charge him $8-10 million (including salary for them and fees for expert witnesses and stuff).  Add in a couple of million for the ring he used to apologize to his wife (personally I'd be more interested in seeing him crawl across glass to apologize and show he learned his lesson rather than buying me a bauble).  Even if you ad in several hundred thousand to even single figure milliions to pay a civil claim to make this go away, i would agree with him that this is the best money he ever spent, because he made the initial mistake of cheating on his marriage to satisfy HIS needs.

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    You know suny the only response I have to that is Kobe may go forward to clear his name because he stands to lose a lot more if he does not in endorsements....

     

    He lost his endorsements when this charge was filed....they dropped the charges...but I dont know if that is enough.....

  8. he says HE thaught it was consentual... what, her yelling stop, stop, wasnt a clue???

    just from that statment alone, i say to hell with that rapist.

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    Again....follow the case....in the initial rape interview with her she couldn't even tell them she said stop.....

     

    That only came after coaching from the prosecution....who in this case are a bunch of treacherous slimeballs.....

     

    HAD you followed the case...you would know that it is very possible charges may be filed against the prosecution because their EXPERT WITNESS gave a report about the "injuries" that would have exonerated Kobe MONTHS ago....and the prosecution HID it from the defense......

     

    The prosecutions expert witness (Badin I beleive his name was) reported to the prosecution that the any trauma the girl had (in her you know what) was consistant with CONSENTIAL SEX.....and not rape as the prosection has alleged...and the HID IT.......

     

    For christ sake....the prelim judge told the prosecution they didn't have a case and they went forward anyway.

  9. WHOA....Will be decided in civil court...He almost pleads guilty: "Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter."  SHE GETTING PAID!!!!!

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    Oh boy....

     

    Swede....exactly where are you getting that? (Sorry to interject but I have been following the case)

     

    "Although I truly believe this encounter was concential" IN MY OPINION I DID NOT RAPE YOU

     

    "I recognise now she did not and does not view this incident the same way I did" I REALIZE THAT SHE DOES THINK SHE WAS RAPED....BUT I DONT AGREE

     

    "After months of discovery, listening to her attorney, and even her testimony in person" IF I HAVE TO LOOK AT THAT DAMN SHADY LYING DECIETFUL NON TRUTH FINDING WIN AT ALL COSTS DA THEY MIGHT CONVICT ME OF ANOTHER CRIME

     

    "I now understand that "she feels" she did not consent" SHE IS OF THE OPINION SHE WAS RAPED...BUT I KNOW I DIDN'T DO IT

     

    By the way.....none of this can be used against him at the civil trial and word has it he isn't settling.....this was a letter jinned up by the lawyers to get the DA to drop the trial......and if you drop a criminal trial like this your chances of winning a civil trial aren't very good EVEN IF YOU AREN'T A MENTALLY DERANGED, SUICIDAL, COKE ADDICT, NYMPHO.......

     

    If you ask me....Kobe comes out of it looking magnanimous (misspelled I know)

  10. Don't be so fast to slander the women, read Kobe's letter

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    I have....it basically says "I am sorry you felt you were wronged....but I maintain my innocence"

     

    Even in victory Kobe is still showing charactor......and no wording of that letter can be used against him the the civil trial.....

     

    She is finished.....and the Eagle County residents are PISSED

  11. Holy stevestojan!  How long has it been?  Of course it only took them from October to April to finish mine. :blink:

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    It has been 8 weeks since excuvation.....11 weeks since I signed my pool contract......for a vinyl liner inground pool.....

     

    I was told it would take FOUR WEEKS MAX

     

    But the good news (hope I dont jinx myself on this) the company is finishing up the pool TODAY....and they have not asked me for the final big payment yet...

     

    And I dont plan on giving them all of it...they didn't live up to their end of the contract......

     

    EIGHT WEEKS........go ahead...let me have it LA BILLS FAN....you were right....

  12. ABC reported that it will be dismissed "with prejudice," meaning he can't be tried again.  As for a settlement, that will come with the civil trial and has nothing to do with this criminal case since it's the people trying it, not the alleged victim.  As I said, I don't know why it took so long.  Once it was revealed she screwed some guy AFTER screwing Kobe, not even having the sense of a two-bit whore to change undies before going to the ER, and the judge allowed it to be entered into evidence (as he should have), the case was over.

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    B)

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