What can I do if a builder ignores me while I try to have them fix something that is under warranty? I am a US citizen living in the US. I own a condo, which has a builder's warranty on it. I have been attempting to contact the builder to fix an issue with my roof/ceiling that is covered on the active (ie not expired) warranty, but have not received a response for a few weeks. If they simply continue to ignore me, what can I do? What happens if the problem gets worse and worse? Is suing the builder the only option? I'm not sure what to do.
You can politely request over the phone that he fix it. You can politely request by letter that he fix it. You can hire an attorney to firmly request by letter that he fix it. You can sue him to get the courts to order him to fix it. You can also decide to fix it and forget the warranty. One thing that you can't do is let the physical situation get worse to the point of disaster and hope to recover the even greater damages that would result. If he is ignoring your letters, then get a lawyer.
It depends on the location and the nature of the structure. In Seattle, for example, it requires a permit. Usually, any such structure does require a building permit, which means that the government has to approve the plans w.r.t. offset requirement, height requirements and so on. There may be a view ordinance, or not; you may have a view easement, or not. Whatever the case may be, you should not assume that the government agency in charge will vigorously work to protect your interests over the neighbor's interest. You own attorney is the one who will vigorously and professionally defend exclusively your interests (likewise, the neighbor's attorney). Your description doesn't explain how this would &quot;invite residents to congregate directly in front of my living room windows&quot;, which seems unlikely for a dwelling. If for instance this is really a bar and not a dwelling, then zoning issues about businesses arise.
Usually, you cannot place a mechanic's lien on public property. But, construction projects on public property generally have to be bonded and the bonding company is usually stated either in the contract or in a public document authorizing the project. So, instead of placing a lien on the property, one makes a claim against the public works bond in a very similar manner. The first time you do this, you need a lawyer, because both the formalities of the bond claim document and the timing are often very particular with very short statutes of limitations (week or months, not years) although once you learn the process, you can probably make the initial bond claim yourself, although you would need a lawyer to bring suit to enforce it if the bonding company doesn't pay the claim without complaint.
The key language to be taken notice of in that code is 'by fraud or deception'. If the property manager has provided reasonable notice of a clear-out, then the code doesn't apply due to lack of fraud or deception. But at the end of the day, just go and check the mail room on a Thursday afternoon and you shouldn't have any problems.
It seems that you have a valid contract and he has breached it. You could sue for the value of a year's hosting in a small claims court. Whether this is worth the effort ...
Not a lawyer, but: In many countries, a purchased item is your property once you removed it from the premises of the seller. In practice, this rarely makes a difference. You have entered a contract with the seller where the seller has to deliver the product, and you have to pay the money, you did your part, they have to do their part. There would be a difference if the item was stolen while in the store, or damaged by fire, or if the store went bankrupt and bailiffs took the item. If these rules apply in your country, then what they did is not theft, otherwise it would be theft (in all countries, if the store removed the door from your home after it is installed, that would be theft). You paid for a door, the store owes you a door. You have a legal contract. Both sides are bound by that legal contract. They have to do what the contract says (delivering the door that was displayed in the store), if they can't, then they have to do the nearest thing that isn't to your disadvantage, like delivering a new door. Or possible a different door that was on display. They can't just declare your contract invalid because it suits them better. That wouldn't be the case if this would put the store at an unacceptable disadvantage. For example, if thieves had broken into the store and stolen ten doors, including yours, the store might get away with returning your money. Since they intentionally sold your door again to someone else, I don't think they could use this as an excuse. I'd go once more to the store and ask them whether they want to deliver a door to you, according to your contract with the store, or if they want you to get a lawyer. A letter from a lawyer might work wonders. (Or of course the lawyer might tell you that I'm completely wrong, but they don't know that, so telling them that you will hire a lawyer might be enough).
With the additional information in the comment, the approach most likely to give you a good outcome would be to present this as a dispute between the retailler and the manufacturer. Make a note of who said what and when, and try to obtain written confirmation from the retailler. It sounds like the retailler is currently on your side, which makes your position stronger as your legal contract is with them and they will have obligations under the Consumer Rights Act 2015 (I'm assuming you bought the item as a private individual and not as a business). Note that you may not have a right to replacement. Consumer protection legislation and warranty terms include several ways the supplier can provide redress (usually repair / refund / replace). Since the preference is replacement, you will not be able to argue an inherent design fault with the product. This may give the manufacturer the opportunity to assert that the retailler, or you, specified an incorrect fitting kit - or that it was incorrectly installed. If the fittings were supplied with the foil, you could argue that it was an issue with these that led to total loss of the rest of the foil. It looks like you currently have grounds to claim this against the retailler. If there's no satisfactory resolution, consulting the Citizens Advice bureau would be a good place to start.
You sue BOTH the contractor AND his insurance company. Your interest is in being made whole. It doesn't matter who pays you — whether the contractor pays or the insurance company pays. As long as you are made whole. One scenario you want to avoid is holding a judgment against a contractor who doesn't have the money to pay you then turns around and claims bankruptcy or skips town. That's why you sue both. You want to have a judgment against the insurance company too in case the contractor can not or does not pay you. Also, check your jurisdiction but you might need to sue in Circuit Court because the limit of jurisdiction for small claims court might be set at $5,000 as it is in many jurisdictions. You should sue for the highest amount possible. Then negotiate downward if warranted. Your invoices for materials and labor from your recent renovations and any photographs you might have taken would be your evidence to support your claim exceeding the ACV. If you sue them, they will negotiate.