I live in the state of Washington. I am preparing for a lawsuit seeking damages from members on an unincorporated association who have forced us to delay the construction of a custom mountain home. Because we are nearing the winter, construction will be delayed 12 months. Because of the delays, all of our construction bids which exceed $300,000 will expire resulting in a higher cost to build. Since actual costs to build won't be known until next spring based on new bids, is there an legally acceptable formula to estimate the damages?

Have you consulted an attorney? You'll need an attorney to do this suit anyway, as it will, by far, exceed the small claims limit.

I believe you have to experience damages before you can sue for them. What if prices drop? Are you going to PAY BACK the $$ you win beause it would be cheaper to build your home?

Some of this type of delay is just a very frustrating, annoying part of the building process and you won't get very far with it.

I agree with mommy, you can't estimate these prior to the new bids. You really need an attorney to represent you on this.

What grounds do you have against the association?

Long story and I have retained an attorney. The short version is that an easement through our property was granted in 1981 along with a road maintenance agreement. Members of the road maintenance association have installed, without the property owner's permission, a gate on the road they keep locked. They claimed exclusive right of control even though the easement is clearly a non-exclusive easement. They have demanded several thousand dollars to be considered a member of the association. Changed bylaws after the fact, etc, etc. This is not the first time this group has engaged in this behavior as they settled out of court in 2006.

We are in the process of filing a legal complaint that will spell out the remedy we seek, so I was looking to see if there have been precedence we could use. I appears that we will have to re-sue once we know if and what difference in cost will be.

Quote:

---

Originally Posted by daveber

We are in the process of filing a legal complaint that will spell out the remedy we seek, so I was looking to see if there have been precedence we could use. I appears that we will have to re-sue once we know if and what difference in cost will be.

---

So are you trying to get a judgement to force an action, and get a judgement for monetary damages?

I believe that would be two separate cases / suits, but your attorney would be the best equipped to answer that.

I feel for you. I know associations can be very difficult to deal with.

There are a lot of pieces to this puzzle including fraud with the intent to extort monies and unlawful obstruction of access which I realize are topics for a different court and I will take up with the district attorney's office. But the answer to your question is yes, we are seeking action to prevent members of the association from blocking access, amending and recording changes to the maintenance agreement so others will not fall into this trap when they purchase property, etc. and monetary damages for a number of things including the need to maintain a second mortgage and legal fee and differences in the cost to build.

Your lawyer should put the association on notice of the claim/suit you intend to file when appropriate. You can certainly give a good estimate of costs you expect to incur as a redult of their actions. The escalation of construction costs, your loss of use of you proposed residence, expenses you will incur being in your present residence longer are just a few. You can certainly think of more based on "I wouldnt have to pay for (blank)____________ (but for) the actions of the association and their attempt to apply by-laws retroactively". I administered state highway constructions contracts. When the contractor put us on notice that if we didn't make a change to some arbitrary requirement we had placed on him, the clock was starting to tick on his future claim. We did all we could to make his intent to claim unnecessary, when possible.