Successor liability

[basspro]

Live in North Carolina.

I had a house built by Company 'A'. We have several problems with the house and have had experts in the fields inspect the house and ascertain there are problems.

Company 'A' was purchased by Company 'B'.
Two principles from Company 'A' are now two of the three principles in Company 'B'.

Company 'B' is solely in the business of new home construction as was Company 'A'.

Company 'B' operates in the same building as Company 'A' did.

Company 'B' chose the same name as Company 'A' and appended a 'II' to the end of the name.

Company 'B' completed some houses which were under contract to Company 'A'.

I have retained an attorney, filed suit. Court sent us to mediation, with arbitration to followed if mediation failed. Mediation failed.

My attorney feels Company 'B' is liable under 'successor liability', 'mere continuation'.

Company 'B' states that they are under no obligation to pay any damages or rectify any problems.

I have already spent a good deal of money to get to this stage and will have to spend a good deal more if we continue to arbitration.

Do I have a case against Company 'B'?

 

[seniorjudge]

Live in North Carolina.

I had a house built by Company 'A'. We have several problems with the house and have had experts in the fields inspect the house and ascertain there are problems.

Company 'A' was purchased by Company 'B'.
Two principles from Company 'A' are now two of the three principles in Company 'B'.

Company 'B' is solely in the business of new home construction as was Company 'A'.

Company 'B' operates in the same building as Company 'A' did.

Company 'B' chose the same name as Company 'A' and appended a 'II' to the end of the name.

Company 'B' completed some houses which were under contract to Company 'A'.

I have retained an attorney, filed suit. Court sent us to mediation, with arbitration to followed if mediation failed. Mediation failed.

My attorney feels Company 'B' is liable under 'successor liability', 'mere continuation'.

Company 'B' states that they are under no obligation to pay any damages or rectify any problems.

I have already spent a good deal of money to get to this stage and will have to spend a good deal more if we continue to arbitration.

Do I have a case against Company 'B'?

Your lawyer (who knows more facts than we do) says you have a case.

 

[basspro]

Your lawyer (who knows more facts than we do) says you have a case.

Am simply trying to get a second opinion. Up to this point I have spent about $15,000 and anticipate spending $10,000 more.

 

[seniorjudge]

Am simply trying to get a second opinion. Up to this point I have spent about $15,000 and anticipate spending $10,000 more.

Good grief.

I hope you mean you spent this money on your house!

 

[basspro]

No, not on my house.

$2,000 for expert inspections, $500 for mediator, $12,500 for attorney.

 

[basspro]

The 'suit' is for over $100,000 in damages.

 

[HomeGuru]

I agree with your attorney.

 

[lwpat]

Check to see if your attorney has filed a complaint with the NC licensing board.

 

[HomeGuru]

Check to see if your attorney has filed a complaint with the NC licensing board.

**A: what kind of complaint?

 

[lwpat]

North Carolina has a very strong contractor's licensing board. If the principals involved have improperly constructed a home they could be barred from participating in another company. The board also has its own inspectors which could help if the claim is legitimate. Too few details to know. Many attorneys fail to notify the board which is why I made the suggestion.