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Peter Scott Bauman

Peter Bauman’s Answers

2 total

  • I filed for bankruptcy prior to being sued for construction defects. All debts have been discharged so why isnt the case gone?

    I had the plaintiff listed as a creditor and the bankruptcy court discharged all debts, but there is insurance. The insurance company hired a law firm that is defending my construction company and they used the bankruptcy as an affirmative defens...

    Peter’s Answer

    There a many good points made in the prior post.

    Practically, If there is no money or assets for plaintiff to pursue (personal or corporate) then there is not much incentive to pursue the suit. I assume that you have attempted to discuss the matter with the plaintiffs' counsel and have advised them of your situation. There are methods to confidentially disclose information to plaintiffs counsel so that they can perform their due diligence and inform their clients that its not worth pursuing you. I would consult with an attorney prior to disclosing financial records.

    On another angle, plaintiffs may see value in your insurance and/or contracts with subcontractors. As for the insurance, a stipulated judgment can be used, but an attorney should be consulted. As for subcontract, these can be assigned, but an attorney should be consulted.

    Peter S. Bauman, Esq.
    Attorney & Counselor at Law
    Law Offices of Tharpe & Howell, LLP
    15250 Ventura Blvd., 9th Floor
    Sherman Oaks, CA 91403
    t: (818) 205-9955
    f: (818) 205-9944
    pbauman@tharpe-howell.com
    www.tharpe-howell.com

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  • Is Roof Repair under Warranty in General or only Explicitly?

    I had my roof repaired in 2004. Now I noticed two wet spots on my ceiling. I contacted the roofer who made an appt to come out and patch the roof but he never showed up although he lives 10 min. away from me. He does not return phone calls either....

    Peter’s Answer

    Without knowing the full extent of your issue, here are some general comments.

    First, you should act within your ability to prevent future damage to your home. Whether this be correctly placing a tarp on the roof or hiring another roofer to ensure your roof is water tight. You should request that the original roofer make the repairs and advise him that you will proceed with temporary repairs if he should not act within a specified time period.

    Second, it appears Georgia licenses its construction professional. As such, you may be able to get them involved to increase pressure on the contractor to fix the roof. If there are any bonding requirements for the license, you could make a claim on the bond and use those funds to repair the roof.

    Third, I would obtain quotes from a couple other roofers to determine the extent of damages and cost to repair. If the repairs are significant, consult with a local construction attorney. If the repairs are under the cap on a small claims suit, fix the roof and sue the contractor in small claims.

    A letter to the contractor now that you will proceeding as outlined above may help to encourage the contractor to act.

    Regards

    Please note: the above is general comments. Consult with a local attorney for further information

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