♭08-2 Continued: None of That Matters
“That’s enough! I’m going to consult a lawyer!!”
Saying that,
the builder stood up.
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If you haven't read the previous article,
please read this first.
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At this point, I already had technical
certainty, so I
said quietly.
“That is fine with me.
However, if it goes to court,
who will be the plaintiff?
Will it be you?
Or will it be the client next door?
Depending on that, the burden of legal fees
will also change.
If we reach an impasse under the current circumstances,
we will have to start by clarifying the points of contention,
so I expect the legal fees
will be a 'fairly high price.'
Before you lose your temper, I think it would be better
to sort that out with the client first.
Or,
are you planning to jump the gun and cover all
court-related expenses yourself?
Given the current situation,
we could also consider legal proceedings from our side,
but is that what you would prefer?”
The builder remained standing and did not move.
“Well, please, have a seat.”
When I urged him, he returned to his seat in silence.
I looked at my relative,
nodded slightly, and continued the conversation.
“I don't mind mediation or a trial.
If you like, you can even make me the defendant.
However, if we reach an impasse like this,
we will both end up wasting time and effort.
Before we take this to court,
why don't we clarify the current points of contention?
That way, we can avoid wasting time.
In other words, you can also reduce legal fees.”
A silence hung in the air for a while.
And then I said,
“Regarding what you said earlier,
I would like to
offer a brief rebuttal.
This time, I want you to
listen properly until the end,
and I will ask for your opinion later if necessary.
And,
I will also prepare a more detailed opinion
in preparation for mediation or a trial.
That is fine, isn't it?”
With that preamble, I began my explanation.
First,
・Concrete and mortar are different things
・Mortar was used in places where concrete should have been used
・Furthermore, there was no reinforcing steel inside
In other words, I explained and confirmed, while comparing with the estimate, that the construction performed was different from the contents of the estimate.
Furthermore,
・Mortar does not have enough strength to be expected to serve as a structural element
・Mortar is not an adhesive
・Joint caulking material is also not an adhesive
I also explained these points.
And finally, I asked.
“Are there any points of contention regarding the scope of what I have just discussed?”
The builder did not answer.
I said,
“Then let's stop here for today.
Let's both take this back to consider and decide whether or not to fight this in court.”
The discussion that day ended there.
...
The next day, I received a call from a relative.
It seems that the builder came to apologize,
along with the client from next door.
"We will redo the construction exactly according to the estimate."
That is what they said.
To be honest, I was not surprised.
Once the technical points of contention are removed,
all that remains are the facts.
...
Actually, this builder,
after being contracted for the exterior work at my relative's house,
went on to take the contract for the work next door as well.
And due to construction convenience,
they apparently used heavy machinery and dump trucks
to drive over the entrance approach
that had just been built at my relative's house.
Specifically,
because the entrance to the neighbor's house was narrow,
they used my relative's property—which had just been paved
and where no one was currently living—
as an access route to the site without permission.
However, that approach,
which was supposed to be a reinforced "concrete" slab
according to the estimate,
was actually constructed without reinforcement
and using only "mortar".
Unfortunately,
I could not believe that the management as the prime contractor
was being carried out sufficiently.
As a result,
construction was performed that differed from the estimate.
In other words, they did not manage the construction as the prime contractor,
but instead changed the estimate details on their own.
Furthermore, in order to keep the construction costs next door low,
they passed through someone else's property without permission
(taking advantage of the fact that no one was living there).
I did not go so far as to pursue whether
the neighbor had agreed to that.
Furthermore,
I did not even pursue whether the prime contractor
had instructed the subcontractor to change the construction details.
*Though I did poke at it a little during the discussion
I will refrain from writing my thoughts
about this builder.
What do you all think?
...
Actually, I have had a similar experience myself.
One day, due to exterior wall painting work at my neighbor's house,
scaffolding began to be assembled on my property, crossing over the boundary fence.
Of course, there was no prior consultation or request.
Moreover, the company that performed the construction was
a major housing manufacturer.
Now then,
what would you do?
In construction disputes,
the leaning wall or the broken fence itself
is not the problem.
What is truly the problem is
whether the terms of the contract are being upheld
and whether the stakeholders
are being properly informed.
That is what it comes down to.
And if you neglect to confirm that,
the one who suffers might be the client,
or it might be the contractor themselves.
That is why I
felt uncomfortable when the builder said,
"That doesn't matter."
It is because I sensed the possibility that
the real issues were lurking in "that matter."
Rather than emotional arguments or excuses,
the first thing to confirm is the facts.
And,
whenever someone says "that doesn't matter,"
it might actually be the case that
an important problem is hidden there.
If you are ever lost in a similar situation,
please do not shoulder it alone and consult an expert.
Of course,
you are also welcome to ask your questions in this question box.
"What happened to the rest of the two-family house story?"
"What about the rest of the land search?"
But that is fine too.
There are too many topics to write about and I cannot keep up,
so if you have any requests, please feel free to send them to the "Question Box".
=========================
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