OT But need advice by 10am 5-16...Attorneys would be great

[badbones]

I have been doing a major home remodel with front and back land/hard scape. Next door to me is a rental (sorry all you renters) that we share a common lawn. They don't take any care of the property and the main renter has lived there for 20 years and every three months there is always a new renter since he subrents two rooms. This is really not the problem. When my hardscape was done, I actually paid for and had installed new lawn on their property along with running sprinklers to their side so it gets watered properly. I even maintain it for them just to keep my property looking nice and not have a 3' high lawn on their side.

Well they (renters) for some reason want cable now and ordered it from COX. COX runs cable from their box to the house for free. The cable box is on one side of my property and the renters are on the other. COX pulled a city permit to tear up the public sidewalk to the renters property and from there they would cut up the lawn to the house which is 25' of grass. I am upset at this, but its not my property and I will deal with having the new lawn dug up on their side.

On Thursday my wife calls and said they tore up the sidewalk finally which I new would happen even though COX never advised me of such. I had to call the city to find out what all the paint markings were for. Well when I get home I am pi ssed at what I see. The subcontractor in an attempt to save money, ran the cable under my side of the grass next to the sidewalk. They dug a 10' x 1' patch so they would not have to dig up a sidewalk slab. They then had the nerve to put the grass back halfass so its now lower than the sidewalk which it was above before.

I b itched to COX before the sidewalk was poured and they cut the new line and dug up the sidewalk like they were supposed to and what the permit called for.

Now the problems.

1) my grass is dug up and an 1"-1 1/2" lower than the sidewalk and the rest of my lawn.

2) The sloppy work got concrete on my new colored concrete walkway which is a tan/brown so I have grey spots all over.

3) Cox actually had the nerve to use my hose and water for the neighbor to clean up and wash down everything. Found this out from my neighbor.

4) Since they used my hose, it now has concrete residue all over it, but more importantly they got grey concrete spots all over by the hose.

I have a meeting at 10am with COX and the subcontractor to resolve these problems.

So what am I entitled to? Obviously to make me whole again, but this will take time and who knows if it will be the same as prior to their work.

These pictures are not the best but all I have for now.

This is my new walkway with the meter cover. The right side you will see all the grey spots

This is the lawn where they dug up my side

If you look by both sides of the hose you can see some of the stains

Any suggestions appreciated

Tony

 

[bromion]

I'm not a lawyer, but I see no reason a small claims court would not force COX or the contractor to pay to have your property restored to your satisfaction. Assuming they did not have a permit to damage your property, and you have witnesses to attest that they did, it should be clear-cut.

Small claims court is inexpensive and easy to use, and is often sympathetic to the little-guy claim over the big business for these types of matters.

Good luck!

 

[Sk8r]

Probably the moment the court looms on the horizon they will settle. Go for money and hire your own guys---you know what they're employing.

 

[USMCARTY42]

Have to imagine that any damage [work] done to property in which you are sole and rightful owner without your written or expressed consent or conversely any damage that did occur that you were not properly notified thereof should be reprehensible and subsequent compensatory award by a court should follow.

But then agian... this is California-the legal land where anything is possible.

Pictures! Picture! Pictures!

Remember... you have to convince 12 people that weren't smart enough to escape jury duty :lolspin:

Although this probably too small of a claim... Judge Judy here they come!

Good Luck!

 

[NicoleC]

Dig out your old papers from when you bought the house and look at the lot map with the easements marked. If COX dug *outside* the easements without your permission you probably have them over a barrel. If they are within the utility easement and/or city easement and the city permit is worded loosely enough and doesn't specify they have to dig on the neighbor's properly...

If there isn't an easement there, you probably have them by the short ones -- but usually easements are at least an 8' band from street.

I agree the situation is unacceptable; someone should have talked to the homeowner (you/your wife) first. It doesn't look that bad from your pictures to my eyes. I would try to get better pictures (i.e. makes the damage look worse) just in case you do have to file some sort of documented claim or go to small claims court. Maybe the light will be better first thing in the morning?

Since they are willing to talk to you and inspect the damage, I think they will at least attempt to resolve it to your satisfaction.

 

[seamist]

take pictures of everything, document everything, list all the damages.

Make them fix everything, buy you new hose, fix your lawn, and clean your driveway.

No need for lawyer yet, but you have to document everything, have a tape recorder and record everything. No verbal agreement, verything have to be written.

Only concern your side of the property.

 

[badbones]

What bothers me the most is I am the only property that is affected by this. The renters can care less. They never tell the property owner anything because he is scared his $1100 a month rent will go up for a 1900 sf home. What a steal huh!!!

It truly amazed me the lack of respect from COX and their subcontractor. They will say that no one was home to notify me of the construction I guarantee. I know they have my phone number since all my services are with them.

I have spent over an hour of my time with this issue. I have to take a day off work to meet them. All for something that was not for me.

I will hear them out and I think I will tell them to compensate me to have the work redone by people of my choosing. I think I will tell them just to give me a year or so of free cable/internet service and I think that should do it for all of this nonsense.

 

[NicoleC]

Hmmm... I don't know if I would ask for service. I'm not sure they'd take it as seriously as asking for money to fix the damage? After the sloppy job their guys did, I agree that I wouldn't want them to mess with it again. Not after my leaking plumbing fiasco with an idiot contractor I had no control over.

Let us know what happens tomorrow. Too bad I don't think RC has attracted an attorney yet.

In the meantime, it might be time for YOU to have a conversation with the guy that owns the house next door.

 

[SteveOhh]

Tell the landlord next door that I will rent his house for $1200 a month & never sub-rent to anybody............

At least I'd take care of the house & I'd have a fellow reefer next door!!!!

Steve

 

[badbones]

Actually the homeowner lives about two blocks from GHO. I needed them to sign off on my addition and it took an act of god to get that. They can care less about anything. Our common fence blew down several years ago and being the nice neighbor, I repaired it out of my own pocket. I asked for half. Fair. The renter said he would submit it and that was the last I ever saw. I was later told that the $100 or so I was asking was too much. Give me a break. All new cedar and my labor was free. Thatââ"šÂ¬Ã¢"žÂ¢s the type of people I have to deal with. They bought the house new in 1978 for 85K and have not put a dime into it. Just recently they replaced the ORIGINAL shag carpet. It was over 25 years old. They only put the el cheapo roof after the drywall finally fell to the floor. So you can see why this is a sore bone for me. I am the one who is totally inconvenienced by this whole matter.

 

[badbones]

SteveOhh

Oh I wish....I wish......I wish.

The neighbor on the otherside and I should have bought the house together a few years back and then gave him the big BOOT. Dirt cheap rent for this area huh...

 

[Foogoo]

Don't forget to update us on what happens. I'd be pretty ****ed as well if anyone dug my lawn up without asking.

 

[gcarroll]

Tony, unfortunately NicoleC is probably right referring you to look up the easement. Judging by the pics, this definitely appears to be an easement issue. If so Cox should still be liable for the replacement of the hose and a small payment for the water used but that is all. Well maybe clean-up of the grey cement residue that is outside the parameters of the easement. I mainly say this because in the first pic you show the pretty colored cement around the water meter. Usually the utility meters are well within the easement boundaries. Usually a utility company is only responsible for replacing the sidewalks, curbs & original driveways within the confines of the easement. Most properties built prior to the mid 80's did not come landscaped (exception for those w/ association maintained properties). You can push them for some course of action to make you happy but if they wanted you to they could tell you to pound sand. Being a big company like Cox that is doubtful.

In the end they will buy you a new hose, pay you for the water and send someone out with a wire brush or pressure washer to clean the grey residue from your colored concrete. As for the grass, the may send a cable guy to make a half hearted attempt to level it out for you buy adding some dirt on top (and not the nice topsoil from Home Depot either) but really that is all. By the time you go to court the grass will have grown back, and most people would never know it happened.

As for me I would call them, whine and moan until I spoke w/ someone in management or wrote to someone in corporate. I'd buy the new hose, buy the topsoil to smooth out the grass myself (because you know that is the only way it will be done right), and pressure wash the concrete. Then go down to the cable company with the old hose, and receipt for the topsoil and new hose and pressure washer rental so they can reimburse me for it. Then I would not leave until I have a years worth of complimentary full cable service with HDTV/DVR and all the pay stations. But then again I could always play the race card!

 

[badbones]

I actually have the name and number for the city inspector that is to over see their jobs. Its usually a rubber stamp issue, but I know how cities work. I plan on giving him a call first thing and get the true scoop. I will most likey have to drop some names which I hate, but I am truely in the right (for once). I did ask the gal that works for the city about easements and she said that they were 3' into our properties and they were covered. I asked for this in writing and got the "I will have to find it and get back to you." So who knows. I am not trying to screw them over, but I want it back to the way it was, which will never really happen.

It just sucks all around. The COX guy that is comming out actually seems pretty good, but again thats his job to smooth things over. He even offered to replace the lawn that was damaged until I told him that I had it specially shipped to me and that it was not available locally. I'll post an update after this meeting.

Well Greg the race card is not going to work for me, unless I drop the Gyro-American card. Kinda an inside joke, but Gyro is pronounced like Euro, as I am Greek.

 

[FishyBiz]

Normaly I hate when people post OT but this is a good one. lol

 

[badbones]

I had my meeting and things went OK. I first called the city and talked with the inspector about the job. He actually came out on my first complaint, even though I did not know it. He saw all the work I had done and told the crew to make sure they covered my concrete with plastic. He was assured that they would and that was it. He was a little upset himself about what happened as he tried to prevent it. He said that he would not sign off the job until I was 100% happy.

The Cox guys and the sub contractor agreed their was damage/debris caused by the work. One of the Cox guys actually marked the areas to be dug and told me initially they want to bore under my driveway and after seeing all my work decided not to. They asked for an opportunity to make me whole. I told them what I expected and they seemed reasonable with my request.
I told them that there was to be NO acid wash and they understood. So I hope they don't as I will not be around to supervise.

They will be doing all this tomorrow. So we will see. Talk about kicking people when your down. The renter popped out and saw us talking about the damage. He looked over and gave his stupid as s grin that I wanted to knock into the back of his head. I know others must have a neighbor like this. I don't usually let him get to me, but this remodel has taken so much of my time and money. It just kills me that I try to make my life comfortable and nice, while he just exists is the best way I can put it.

 

[NicoleC]

Good news! Hopefully their follow through will be as good as their promises.

Yeah, I know those kinds of neighbors. In my case, why is it the neighbors who let their properties fall into disrepair and have the skankiest homes are the ones that always get elected to sit on the HOA board, and then give the rest of us grief for trying to keep our homes up?!

Guys, someone stole out pool furniture TWELVE YEARS AGO. I think it's safe to replace it by now and the guy is not going to come back and steal it again...

 

[SirLight1337]

I wish i could get into a place that large for 1100 a month!!

Everything is so expensive where ive been looking. Anything renting for cheap around you nicole ? i need to be up here in Orange for my future new job.

Hope everything works out for you BadBones.

Are you close to finishing all your interior modifications ? Hows that crazy boxer of yours doin ? sure is a bundle of energy.

 

[NicoleC]

Define cheap. Is ANY So Cal housing cheap any more?!

Rent in our complex is more expensive than buying. The one bedrooms rent at about $1250+. I have seen 2 bedrooms at $1550 lately, but I don't know if they were the 2+1 or 2+2 model. I did see someone move out this weekend on our renter-row, so we may have a spot going up for rent in a few days. That rent seems kind of high to me, but even the one bedrooms are large with a good-sized private patio and a garage.

If you can manage it, buying usually is cheaper unless you are in an older apartment building or have some crazy deal like Tony's neighbor. There are cheaper places to buy in Orange, but not a better value, IMO, because we have a great location, all single floor units, the complex is in good repair and our HOA finances are in excellent condition despite low HOA dues. I may complain about the HOA being tightwads, but that's better than a free-spending HOA with no money in the bank!

Right now we have for sale:

1+1 800 sqft listed for $335k (which is too high -- it should go for about $320k unless it is a lot nicer on the inside than I think it is). The one next door to it just sold for $330k, but that one was almost totally gutted and remodelled right before they sold it, and was it sweet condition.

2+1 ~1000? sqft in average condition listed for $395k (I hear the owners say they will take $380). I am not fond of the floor plan of the 2+1's we have, but a starter home is a starter home.

2+2 ~1150? sqft that I hear needs remodeling but is in liveable condition, listed for $395k. If I could swing the extra money I would buy this one! It has a semi-attached garage (i.e. so you can run power to the garage!) and the 2+2's have a better floor plan.

 

[badbones]

SirLight1337

I think you are thinking of the Boston Terriers I have. I had to put to sleep the boxer a couple years ago as he had terminal cancer and couldn't have him suffer any longer.

I can't believe home prices now. Completely ridiculous. And to think I was being tight when I bought this place and didn't want to pay 20k for the larger model. So I elected to buy the 1472 sf for 175K. What a steel, even at that time in 95. I don't even know the current value as we are now totally custom with 3000 sf.