HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOBB Forum

 Rise and Fall of Predatory Lending and Housing
NY Times: Building Flawed American Dreams 

Henry Cisneros on the hot seat
Recipe for profits
Homewreckers Cisneros & Martinez

 Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOBB Forum
Featured Topics
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
KBHome Complaints
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
NEW! KB Defies FTC
KB Stock Down
People's Lawyer
Prevent Nightmare Homes
KB Home vs. kbhomesucks.com
Choice Homes
Smart Money
Weekly Update Message
Old HOBB Site
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House
Login to Hobb
Welcome Guest.






Lost Password?
No account yet? Register
Search HOBB.org

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB

Enter Amount:
$

Who's Online
We have 2 guests and 1 member online
HOBB Community
November 20, 2008, 04:44:39 am *
Welcome, Guest. Please login or register.

Login with username, password and session length
News: Welcome to HOBB Forums
 
   Home   Help Search Login Register  
Pages: [1]
  Print  
Author Topic: Re: Limiting Risks of Homebuilding Business/Building Is Risky Business  (Read 1125 times)
Rumple Stiltskin
Jr. Member
**
Posts: 85


View Profile
« on: December 14, 2006, 09:31:45 am »

Building Is Risky Business
Create job documentation that is so tight, it could scare off a hungry attorney at the onset...Review trade contractor's insurance and written agreements...Time to tune up these items. Study your trade contractor's liability policy to make sure the dollar limits are high enough for your jobs, and check for their exclusions in coverage. For example, if your policy excludes soil movement, then be sure your subcontractor has this particular coverage... All jobs should have a written and signed trade-contractor agreement, preferably one which includes "hold harmless" indemnity clauses, waiver of subrogation, warranty provisions, insurance requirements (that you request), and a provision for binding arbitration for dispute resolution. In simple terms, you want to transfer the risk to your subs, making them the primary insured. This agreement establishes which policyholder's insurance will pay first and who is responsible in a claim... Consult a construction-contract lawyer for review of all your sales contracts. Make sure they, too, contain binding arbitration provisions in the event of a dispute.
 
Read more... 

Yes.  And then do as you damn well please because you have CYA and there is large gap between theory, protection from liability and questionable business practices, shoddy results, and lack of quality control in the field.
Logged
carol
Newbie
*
Posts: 7


View Profile
« Reply #1 on: December 15, 2006, 10:07:54 am »

That's exactly the problem with the General Liability insurance industry.   Why should a framing subcontractor, drywall subcontractor, or interior trim sub-contractor be responsible for soil movement or any other defect which they have no responsibility for?
The developer is the primary contractor that develops lots in a subdivision for building.  The subs have nothing to do with off-sites, plan development, engineering, etc.   Most subs that work on subdivision homes supply labor only, but the developers have chosen to shift all their responsibility to each and every sub, due to these clauses in contracts which requires the sub's general liability insurance to take care of all the problems.

As a sub who has been involved in these type of "shift the liability: contracts with a developer, - the only person that benefits is the developer.   Thereafter, the sub's insurance rates go sky-high, often putting the sub out of business, while the developer skates along "scot" free, continues to make unbelievable amounts of profit, and continues to build, often knowing they have defect problems with their plans, or the location of these new subdivisions.  After all, they can just sue the sub, and take no responsibility for their part.

As far as my company is concerned this is legalized extortion.   Until you have been involved with these type of indemnity contracts, you don't know what your talking about.    Developers need to take responsibility for their own development problems.failures.

carol
Logged
Rumple Stiltskin
Jr. Member
**
Posts: 85


View Profile
« Reply #2 on: December 15, 2006, 10:40:46 am »

Carol writes:<<As far as my company is concerned this is legalized extortion.>>

I agree with you.  Perhaps an intelligent, creative legal team (Eliot Spitzer-type) should review the application of RICO to the corporate/public new house building industry? Your company, and the new house buyer, unjustly assume costs which  are legitimately the responsibility of the corporate/public new house builder through their creative exploitation of the legal system, the intent of which is to avoid accountablility and responsibility for the product produced.

Gianni Magazzeni, chief of the U.N.'s human rights office in Baghdad has said of the violence in Iraq, "The more there is impudence and no one is punished for their crimes [read behavior], the more that fuels the cycle of violence and counterviolence."  The same can be said for the lack of responsibility and accountability of some members of the corporate/public new house building industry.
Logged
Pages: [1]
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.6 | SMF © 2006-2008, Simple Machines LLC
Joomla Bridge by JoomlaHacks.com
Valid XHTML 1.0! Valid CSS!

Home Builder
 Implode-O-Meter

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

SpotLight
LiveTalk Internet

Consumer Affairs Builder Complaints

Build it right the first time
An interview with Janet Ahmad

KB Home Bombs
KB Goes Unpunished for Building Community on Bombs
Taxpayers Pay $2.6 Million
KB Attempts to Bribe Woman

Bad Binding Arbitration Experience?
conttribute@hobb.org
 or call 1-210-402-6800

top of page

© 2008 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.