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Can a builder be responsible for cost of flat tires

13K views 6 replies 7 participants last post by  SpeedyLemonhead  
#1 ·
I am looking for a lot to build my house.
In the community where lot is there are couple of houses being built. I visited the lot on fri and today when I was coming back from work low tire pressure warning came up. I went to local tire shop.

They found 7 nails in tire on rear driver side, one on front driver side (luckily it did not go tgrough and no air was leaking) 2 on passenger side front tire.

I have tire road hazard warranty so it's ok but I am going to need one rear and one front tire (Michelin PSS2) replaced.

All 10 nails are exactly same, one of my friend who came with me few weeks ago also had flat tire in his tesla with similar nail.

I am so pissed off, I think one of the builder is being careless and leaving nails on the street.

Is there any thing can be done to hold the builder responsible?
 
#2 ·
I had a house torn down and new one constructed around the corner from my house. I've never had a flat tire in over 10 years, but within 2 weeks of the new construction, my wife, my daughter and I all had nails in our tires. Very pissed but not sure what can ever be done about it!!
 
#6 ·
I know the company that was building in my development paid for tires because they are liable for cleanup. They would normally run a sweeper in our neighborhood but that is because they had multiple builds going on at the same time. In the case here they neglected to do so which caused multiple cars to have nails in the tires. I would at least bring it to the attention of the builder in any case.
 
#7 ·
Tricky question and the legal liability depends on certain facts and jurisdiction. That said, it is hardly worth the time and money to pursue a "legal" remedy.
I represent several home builders and my recommendation is to go directly to the home builder rather than contacting the city or law enforcement.
If the builder is reputable and you approach them in a professional and non-confrontational manner, especially if you let them know you are considering buying a home from them, they will very likely be happy to pay you for the damged tires and will likely make a claim with their insurance provider.
By the same token, if you approach them with attitude and demand payment, you likely will not get any sympathy or $$ as they know it is not likely you will expend all the time and money to seek a legal remedy, and even if you did it is far from certsin that you would prevail.
IMO this is definitely one of those "you catch more flies with sugar than salt" scenarios.