Barisone/Kanarek Legal Filings (Public Record)

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This was posted to IG by LK on August 27, 20 days after the shooting. I don’t see a cast, any swelling, bruising, stitches, etc to either hand. Marines heal quickly.:eek::eek::wink:

rg 8-27.jpg

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I‘ve been involved in many construction projects, both as a property owner and as a property lessee, and I have NEVER pulled a building permit. The contractor has always pulled the necessary permits.

If you pull the permits yourself, then you become liable for any worker accidents or any any sub-par work. So if the work later causes injury, fire, etc, YOU will be the responsible party, not the person who did the work.

So to reiterate, it’s usually the contractor performing the work who pulls the permits, not the homeowner.

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I, for one, do not have a blind sympathy for MB. I do not ride Dressage, nor do I watch it or have any interest in it. I could not have told you who MB was before this horrific event occurred.

It has been obvious since this happened that there is so much more to this story.

MB has navigated adulthood as a normal adult. He excelled in his chosen profession and was very successful in it, even though it is a profession in which many fail. Was his life perfect? Certainly not, but whose life is? Are we to be expected to believe that he just suddenly went off the deep end one day and lost it on someone?

Bottom line for me is that there is much, much more to this story.

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Hallelujah! My life and bucket list is complete! One of MY forum posts was quoted by Sarah Nir and published in a NYT article. How to top that? :lol::lol::lol::lol::lol::lol: So many are obsessed these days.

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Sounds like you want to mention it. I’m not on Facebook.

I agree that a licensed contractor usually pulls the permits as part of the service. But can an unlicensed contractor sign documents requesting the permit? How would that work?

If states are so hostile to unlicensed contractors
(rightly so), do you see building departments issuing permits to them?

While I agree that in most cases a licensed contractor will go though the administrative steps of pulling the permits, partly because they’re used to the process, I don’t think that by pulling the permit the property owner takes on more liability. Licensed contractors are often required to carry insurance, at least in my state. I think a licensed contractor would still be responsible for worker accidents (perhaps through OSHA) and subpar work, regardless of whether the contractor or the property owner pulled the permit.

With major remodeling, a licensed contractor almost always pulls the permit. If the work is done by an unlicensed contractor, I suspect that usually no permits have been obtained. I think avoiding the permit process, along with lower prices, is one of the reasons some property owners use unlicensed contractors.

This is heartbreaking.

Obligatory disclaimer: No one deserves to be shot

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An unlicensed contractor shouldn’t be working at all. Therefore they would not need to apply for permits. Because they are assumed not to be doing the job. It’s not addressed.

It’s like asking if a cat needs a drivers license.

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Agreed. But if MB hired RG, despite no contractors license, to do $50,000 of remodeling work, that suggests to me that possibly the work was unpermitted.

Likewise, the ruling of the fire marshal that some or all of the spaces in the house and barn were uninhabitable is consistent with the idea that they may not have had the appropriate permits to qualify as dwelling units.

A lot of homeowners don’t even check on the contractor’s license, and many don’t even know how to check.

And you can postulate all that you want about legalities, but you are wrong. My parents decided to be the prime on their last house that was built. They were clearly told by the person issuing the permit that THEY were held responsible. My dad had to be at the worksite every single day.

Look, this stuff is easily searchable in your state. Why don’t you just look it up before you start typing stuff you know little about.

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I think the only person who claimed the work done had any value at all (don’t know if $50k was stated outright) was Lauren Kanarek.

She stated he/they were owed money for work done. Neither Robert Goodwin or Lauren Kanarek are licensed contractors. Therefore they are owed no money whatsoever.

I don’t see RG suing Sweet Grass Farm, LLC or MB Dressage or Mchael Barisone. If he is out the money and had a snowball’s chance of winning the case he would have to be a world class fool not to file a suit. His girlfriend’s father is an attorney after all.

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When you say your parents decided to be the “prime” does that mean that they served as general contractor themselves, rather than hire a general contractor? If there was no hired licensed general contractor who pulled the permits, and your parents ran the operation and pulled the permits, then I can see that your parents would take the responsibility. How can a nonexistent general contractor take responsibility?

In a remodel that creates a separate granny flat, that would require a permit in most, if not all, jurisdictions. I doubt that RG, if he were unlicensed, could have pulled a permit. I have no idea whether MB pulled a permit. It seems to me possible that someone who was (apparently) willing to hire a unlicensed contractor might also be willing to have renovations done without a permit.

My experience with this stuff is that I hired a licensed and insured general contractor to build the house I currently live in. I did all the work getting the plans permitted with the city building department, in my highly regulated area. I hired the general contractor, who wasn’t cheap, in part because he had all the required insurance and played by all the rules.

Apparently you are now telling me that if one of his subcontractors had fallen off the roof and broken his neck, I would have been liable. I certainly did not think that at the time, and don’t think that now. But I understand your position.

Homeowners who engage in $50,000 remodels without checking that their contractor is licensed, or making sure the required permits are obtained, are fools.

Yes, you automatically become the contractor if you pull the permit, and by law, you have to get a license to do it. Then everyone you hire becomes your subcontractor. You save a lot of money, but unless you have some construction experience, it’s not worth it. Way too much hassle with insurance and oversight. That’s why people hire professionals.

The only reason my dad did it is bc he’s a tight wad and we have licensed construction workers in the family whom he could rely on for remote consultations. But even THEY told him to give it to a contractor. He didn’t listen, and ended up with a big PIA. But a very beautiful 6500 sq ft home when all was said and done.

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Maybe his background can’t stand the scrutiny and he is too smart to risk losing and having to pay out a lot of $$ he clearly doesn’t have.

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I think you automatically become the general contractor if you decide to take on the role of contracting your own job instead of hiring someone as general contractor, then you as general contractor pull the permits.

But pulling permits doesn’t make you the general contractor, in my case anyway, since I obtained all the building permits then hired a licensed contractor to serve as general contractor.

Earlier discussion suggested that if RG is not a licensed contractor, MB is not legally obligated to pay for the renovations, and may even be eligible for treble damages, so there’s not much mystery as to why there is no evidence of a suit by RG against MB, MBD, or SGF. I think RG is smart not to attempt to sue.

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Your state is different than the many states in which I have lived then. You generally have to be licensed and insured to to get a permit, or be getting the permit FOR the contractor (Not for you) if you are not licensed and insured.

I’m done now. I’ll let others continue with you. It’s the start of the weekend, and I’m not spending it going round and round with you.

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Not following the definition of insanity?? You’re no fun.

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I literally could not follow your second sentence.

I’m just saying that IMHO it seems possible that the basement granny flat renovation did not have a legal permit, and that the barn club room was never intended as living quarters, and therefore was not permitted as such, and that possibly that explains the uninhabitability declaration.

All the other minutia is besides the point.

I’ve lived in four different states for extended periods of time, but only undertaken substantial remodeling projects or new home building in two of them.

OMG no way!! Benny is a nutter and con artist. Personal experience talking here.