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The people own something like 18 lots and they built this house as a rental. They obviously have money and this might be a cash deal, no mortgage. If that's the case, there would be no bank requirement for a foundation survey or anyone else overlooking the job. They would have been responsible for their own overlooking and they failed to do it.


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I have to agree the owner has some responsibility. With 18 lots on what sounds like a baron sand flatland I am guessing a trade of some sort with one of the other lots might be a good idea.


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It depends on how nice the people are who have a new house on their lot. I think they could tell the contractor to stick it and move in if they want to.


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to answer the OP's question, yes the GC could be bankrupted by this fiasco. a contracting company of this size is bonded and right now the bond is locked up tighter then 70 virgins. right now this company would be lucky to build a dog house. unless they are a very large scale builder their bond is anywhere from 1 million to 20 million. I was a Podunk size builder and carried 10 million until I started a sideline of haz mat abatement. then it went to 40 million.
my guess from 35 years as a GC, 10 in L.A. county commiefornia is that the North Carolina couple will get the house, the MO couple will get the bond, the surveyor's will get sued and the next hurricane will sweep the subdivision clean.


the consolidation of the states into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of that ruin which has overwhelmed all those that have preceded. Robert E Lee
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Originally Posted by Rock Chuck
It depends on how nice the people are who have a new house on their lot. I think they could tell the contractor to stick it and move in if they want to.




If it was my lot I would just tell the people look, you screwed up but here's the deal. You can have the house(that you paid for) and my lot, just trade me for a double lot(in a better location if possible).

Sleazy move to keep the house.

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Yep.


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Originally Posted by SamOlson
Originally Posted by Rock Chuck
It depends on how nice the people are who have a new house on their lot. I think they could tell the contractor to stick it and move in if they want to.




If it was my lot I would just tell the people look, you screwed up but here's the deal. You can have the house(that you paid for) and my lot, just trade me for a double lot(in a better location if possible).

Sleazy move to keep the house.
It would be very sleazy indeed, but they could do it if they wanted to. The article only says that negotiations are going on. Nothing more.


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Originally Posted by Scott F
From the other post on this subject.

By Barbara Liston

ORLANDO Fla. (Reuters) - A Florida builder is trying to figure out what to do after constructing a million-dollar, ocean-view home in Florida on the wrong lot, authorities said.

The mistake occurred after two state-certified surveyors on the job separately marked the wrong property, said Carl Laundrie, spokesman for Flagler County on the Atlantic Coast north of Daytona Beach.

Laundrie said there were few landmarks in the new Hammock Dunes subdivision that could have helped someone catch the error.

"There is no giant oak tree on one corner of the lot so you would say, okay, this must be the lot. This particular piece of land is basically in a field back behind the dune," Laundrie said.

The 5,300-square-foot (492-sq-meter) house, which was completed in March, includes five bedrooms, five-and-a-half bathrooms, a theater, game room and swimming pool, according to gotoby.com, a local real estate news site.

Mark and Brenda Voss of Linn, Missouri, who had the home built, did not return calls for comment, nor did Andrew Massaro and Brooke Triplett of Ocean Isle Beach, North Carolina, who own the lot.

The Vosses own the lot next door to the one on which the house was built.

Flagler County Property Appraiser Jay Gardner said the mistake was discovered in September by a third surveyor working in the neighborhood.

The builder, Robbie Richmond of Keystone Homes, who the real estate website described as one of the area's most respected builders, did not return a call for comment.

Flagler County Property Appraiser Jay Gardner said he spoke to Richmond.

"All he wants to do is get it right," Gardner said.

Representatives of the surveying companies on the project also did not return calls for comment.

"It's up to the builder to rectify the situation, and the builder relied on the surveyor. I assume everything is going to be headed to court,{" said Laundrie.

Gardner said he hadn't spoken to the Vosses, but that Massaro was calm when informed of the problem.

'He wasn't tickled but he seemed to handle it quite well," Gardner said. "It happens from time to time."


True, Scott - but in this day of GPS surveying - it's hard for anyone to believe that mistake.
Seems the surveyors didn't read the legals carefully, or were drinking breakfast.
I'd bet they are gonna lose their collective rears.

Mark

PS What say you, Miles - lets hear from a pro!


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that would be the honorable thing. in todays litigious world I doubt that will be the outcome.


the consolidation of the states into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of that ruin which has overwhelmed all those that have preceded. Robert E Lee
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Originally Posted by rockinbbar
Originally Posted by Whelenman
What about the owner, who's lot the house was built on, does he have legal claim to the house?


Depends on the state and state law.

I've seen it in NM.

$350k house built on someone else's lot.

The guy that happened to own the lot was a lawyer. He told them "Thank You! You have 30 days to vacate my residence."

They did, and it pretty much ruined the family financially. They owed the bank money on a house they didn't live in, and couldn't sell.

Everyone thought the lawyer was a chickenschidt. Except the lawyer of course.



you'd think there'd be enough desert in NM to hide one lawyer? crazy


I'm pretty certain when we sing our anthem and mention the land of the free, the original intent didn't mean cell phones, food stamps and birth control.
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Originally Posted by 2legit2quit
Originally Posted by rockinbbar
Originally Posted by Whelenman
What about the owner, who's lot the house was built on, does he have legal claim to the house?


Depends on the state and state law.

I've seen it in NM.

$350k house built on someone else's lot.

The guy that happened to own the lot was a lawyer. He told them "Thank You! You have 30 days to vacate my residence."

They did, and it pretty much ruined the family financially. They owed the bank money on a house they didn't live in, and couldn't sell.

Everyone thought the lawyer was a chickenschidt. Except the lawyer of course.



you'd think there'd be enough desert in NM to hide one lawyer? crazy

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the consolidation of the states into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of that ruin which has overwhelmed all those that have preceded. Robert E Lee
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Originally Posted by rem141r
i'm crying for them and their 18 lots. boo friggen hoo.


I'm right with you. First World problem for sure.


They say everything happens for a reason.
For me that reason is usually because I've made some bad decisions that I need to pay for.
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I sent this to my son, here is his reply.


Its hard to tell there are a lot of missing facts that this could turn on, but for the most part since its noted as "surveyor error" from 2013 i would assume this surveyor worked for the developer of the project or the architect who designed the house. Surveyors carry a special insurance call errors and omissions to cover this sort of thing, in the end it sounds like his insurance will pay. the chance that it was contractor is thin, in the world of contacting there is a "rule" called the spearin doctrine based on a early 1900 superior court case that more or less set the ground rules for construction for the last 100 years. there are 5 point to the spearin doctrine the big one is the owner (via the designer) implies a warranty that if the project is built per the plans and specifications it will work. so in this case if the plans contain the wrong lot # or coordinate, its not the contractors job to "ferret out" to quote the judge over the bromley decision (another pivotal case) every possible error or mistake the designer made. just in case this gets posted on the inter web, by dirt law school, i worked in the dirt, got my ass handed too me by smart general contractors, public agencies and owners, so i read some legal papers so that i did not get out smarted again....





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Originally Posted by bbassi
Originally Posted by rem141r
i'm crying for them and their 18 lots. boo friggen hoo.


I'm right with you. First World problem for sure.


This is am opinion from somebody who lives below the poverty level, make that well below. Just because someone has done well or was born into money it does not make them a bad guy. So this family in MO has money and they invested it in building lots then had a rental home built it does not mean they deserve to loose what they had built.

People screwed up, in this case two different surveyors somehow messed up according to the report I liked to above. Not sure how that happened as surveyors don't usually mess up let alone two in a row. But the mess up is not the fault of the guy with the money in MO any more than it is the fault of the people who really own the lot.


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Quote
This is am opinion from somebody who lives below the poverty level, make that well below. Just because someone has done well or was born into money it does not make them a bad guy. So this family in MO has money and they invested it in building lots then had a rental home built it does not mean they deserve to loose what they had built.
There's no sin in having money as long as you came by it legally and morally and don't let it be the most important thing in your life.


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net worth and self worth have very little relation


have seen it in real life and right here on this board

some folks don't have much money and are rich


some folks have gobs of money and are very poor


money can come and go, good, or bad character, is not as transient


I'm pretty certain when we sing our anthem and mention the land of the free, the original intent didn't mean cell phones, food stamps and birth control.
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Best I have ever seen it written.


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I've dug footings on the wrong lot, surveyors fault.

I've been given the wrong house plan for a given lot and had to remove and redo a foundation, contractors fault.

Contractors owned these lots.

I have a friend that improved a five acre lot while living in a trailer on site, was ready to build and found out the surveyor staked the wrong lot. Owner told him tough luck, surveyor bankrupted leaving my friend stuck.

really comes down to who owns the lot will take the hit, it's their problem.

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You can't take anything from granted. We have a mfg home on an acreage. When they set the house 20 years ago, it was by pure luck that I caught them before they set it with the front door facing the back.


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If you want to starve out the lawyers the owners of the house could offer to buy the property from the land owners, or give them another lot, and the landowners could say "Yep, that works. Thank you."


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