http://www.ai.org/judiciary/opinions/archive/08280302.ewn.html Manufacturers of kit log homes often hide behind a 'forum selection clause.' As a consumer you NEED to understand this legal principle and how it impacts your rights to sue.
http://www.tycolaw.com/newsletter_fall_03.html The Indiana court of appeals rules that the insurance carriers of kit log home builders ARE NOT responsible for construction defects in the log homes that they build. In other words, the kit builders buy insurance to cover the building process, but the insurance company is not liable for damages that result from 'bad construction practices.' This ruling gives insurance companies a lot of wiggle room to get off the hook, making it easier for them to deny the claims of people who own poorly built kit log homes.
http://wings.buffalo.edu/law/bclc/web/nynorman.html Two builders of kit log homes are accused of larceny by the state of NY -- for taking payments from consumers yet failing to deliver log homes as promised. This occurs more often than you think, but usually the kit builders just hide behind bankruptcy.
http://www.mslawyer.com/mssc/ctapp/960423/93-711.html A manufacturer of kit log homes is charged with breach of contract for failing to honor clearly expressed warranties.
Note how the builder and manufacturer try to blame each other in court -- no one wants to be accountable. Both parties can hide behind this finger pointing game, dragging out the legal proceedings, while the consumer is left with a log home that they can’t live in.
http://www.wallacejordan.com/decisions/Opinions2002/1000787.htm A man who buys a kit log home discovers that 1) his foundation is not level 2) his doors and windows do not fit correctly 3) the sheetrock job is substandard 4) electrical work has not been done properly, et cetera... “Inspectors pronounced [the home] substandard' before it was even completed.” This kind of story is far more common than you might imagine, the maxim of ‘Caveat Emptor” reigns supreme within the kit log home industry.
http://www.courts.state.pa.us/OpPosting/Superior/out/a35038_02.PDF A person who purchased a log home kit ends up getting a species of logs that he did not order – and on top of that the logs were improperly seasoned too. The improperly seasoned logs caused major problems, which could not be repaired; in fact attempts to ‘repair’ the logs only made the matter worse. Don’t builders of kit log homes have insurance for this sort of thing?
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mo&vol=/appeals/082001/&invol=15082801_2001 A builder of kit log homes is sued over "misrepresentation, breach of warranty [and] inhabitability" of structure... an engineer even told the homeowners that "it was dangerous to live in the house in the condition in which it had been left.” He testified that the home was “inadequately designed, constructed and built, and was in the process of collapsing.” (and it hadn't even been completed yet!)
www.state.in.us/judiciary/opinions/wpd/07170301.jts.doc A lawsuit over 'alleged' fraudulent activity of a kit builder ... problems with defective materials and inferior workmanship apparently means that a kit builders insurance carrier can deny coverage -- because such defects are not an 'occurrence' that are covered by insurance (yeah sure, we got insurance... don't worry and just sign the contract lol). Manufacturers of kit log homes and builders often make it sound like they have ‘full coverage’ insurance that will protect the consumer no matter what.
http://www.court.state.nd.us/court/opinions/9792.htm A manufacturer of kit log homes is sued ... they claim they aren't subject to state law (in the purchasers home state) since their headquarters are in a different state. Of course the kit log home manufacturer selected a state to operate out of where the laws did not favor consumers. Never mind what's moral... let's just stick with what's 'legal.'
http://www.law.emory.edu/1circuit/sept96/95-2084.01a.html A Circuit Court Judge (who bought a kit log home) sues a log home manufacture because she had a toxic reaction to preservatives used on her log home. Who wants to live in a un-natural toxic cesspool and end up suffering from "symptoms of gastritis, and... Intermittent stomach and back pain [due to an] elevated level of pentachlorophenol" in their body!!!! This was a problem that could have been entirely avoided with just a little bit of knowledge.
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