Confrontation Time

Quick overview: I work in an SoCal industrial park, next door a business is
expanding and the construction is steel frame. Work is being done as high as
3 stories up.

Here's my dilemma: since the steel work has begun, I've noticed pinpoint
spots of rust, literally hundreds on the horizontal surfaces of the two
vehicles I drive to work (One a Honda). Additionally, every white car (both
mine are white) or light colored car that parks in the same vicinity
exhibits the same malady. This is the only commonality amongst the vehicles
infected.

I suspect that this rust is do to the steel work being done. The workers are
cutting and grinding three stories up, and it is my belief that the
prevailing winds carry the steel 'dust' over our parking lot, where it gets
deposited on the vehicles and when it gets exposed to moisture, it begins to
rust.

I initially noticed this last weekend when I washed the cars. In order to
remove the rust I literally had to clay-bar and polish the paint. I only did
a small portion until I had a chance to evaluate the problem.

If this was overspray from a painter, I think that the contractor would be
liable for the damages to others private property. Is this any different?
Other than the fact that this can be much more insidious and damaging...

If I choose to confront the contractor, any suggestions on how best to
approach this? Points against me is the lack of actual proof. I really have
no way of knowing that this is the sole cause. It's not like my paint
analogy because I don't have specks of paint the same color. Points for me
is the widespread 'coincidence' of multiple vehicles with the same damage.
These vehicles have nothing in common except parking in the same lot as I
do. Other vehicles parked not downwind are not affected.

I guess this just pisses me off, Keeping my vehicles clean and looking good
is time consuming enough without having the additional burden of repairing
damage caused by others...

No, I'm not looking for a financial windfall, I'd simply like the contractor
pay for the damage he has caused. It could get quite expensive for him if
'everyone' were to file similar claims...

Your advice?

Rick

 

(pray4surf)
wrote:

snip>

Talk to the other car owners that are experiencing the damage. Get them
to confirm the same conclusion you have, that the damage is new and
began when the steel work started next door. If in fact they all agree
with your observation, I'd say you have a good case against the
contractor. The work should cease until the situation with the cars is
resolved, either by having the cars moved or some sort of protective
shield be in place so that the damage ceases.

All of the cars should have access to a free detail, paid for by the
contractor. If a car has suffered extreme damage beyond the detail, it
should be painted at no charge to the owner. JMO.

Your observations sound right on and I'd be pissed too. Approach the
situation calmly, and if you run into resistance, I'd hire a lawyer.

Good luck.

 

It costs you little to write the company a letter and ask them to pay for the
damage. You can search the Internet for similar cases. If the company resists,
send a follow-up saying you are going to the media and expect the publicity will
not be good. Either way, I would not be optimistic you'll get the damage fixed.

If you have the energy, you could investigate what your area has to offer in the
way of a small claims court. One does not necessarily have to have a lawyer for
small claims court. It will cost you time, and you may get nothing in return.

Failing small claims court, I think the only way you could possibly get any
money out of this company is to get a lawyer. Even with a lawyer, the company
may have greater legal resources and so just keep stalling until the cost of
continuing the legal claim is greater for you than what you would spend to have
the car returned to its original condition. Even with a lawyer, the company
could claim your car's damage was due to your (alleged) poor choice of where to
park it, the weather, etc.

 

My '95 Accord came from the factory with tiny pieces of iron in the paint
that oxidized after a few months - it was probably rail dust picked up
during shipping. I took ten minutes to clay bar the car like you did and it
looks great to this day. These are just cars after all and unless the
damage was severe - like a huge chunk of steel falling and caving in the
roof - I'd move on and not get too worked up about it, which is what it
sounds like you're interested in doing. Hopefully you'll have the same
positive results that I did with the clay bar.

 

Get some large white sheets of paper or other material and lay them out on
your car (and as many others as you can get cooperation from), and on the
ground or other surface "away" from the construction.

This way you can see if there really is junk being deposited on your car and
give a great a/b comparison between your "clean" car as it gets to the lot
and what its like at the end of the day. The white sheets on the other side
of your building can be used to demonstrate what the area's "normal"
environmental deposits are like. And the sheets can be kept as "sample"
material. Keep several out for multi-day buildup analysis.

My guess is that unless the iron grindings are some kind of environmental
hazard (which wacky California law might consider them..), it's likely that
they're considered an acceptable construction byproduct that's not
reasonably practical to contain. Also, since you "discovered" the problem,
the onus is on you to make reasonable efforts to keep it from doing you
harm, like buying a cover, parking away from there, riding the bus, and so
on.

IANAL, but I bet one would tell you to buy a car cover and find something
else to devote your energies too. If you had a real bee in your bonnet and
could provide compelling evidence of your claims, your best bet is to claim
that they're creating an environmental hazard. Or maybe your employer will
let you erect one of those portable tent garages at work.

 

Instead of "filing a claim" (egad, today's carnivorous litigative
climate...), why wouldn't you just do it the old-fashioned way and walk
over to talk to the contractor's guys? Ask who the boss is and talk to him.
Be nice. Walk him over to show him the problem.

Or you could just find another place to park until the job is finished.

 

Regarding comments that you should bend over and take it: bullcrap.
This is the second most expensive investment that you'll ever make,
and through their negligence you've been damaged. Why don't they just
come over to your house and throw rocks through your windows?

They should be well aware of these problems, and should have contacted
your employer to arrange for the employees to park somewhere else.
Even if it required renting a parking lot and providing a free
shuttle.

Touch base with your fellow employees and seek the support of your
employer too. You aren't going to impress steelworkers by approaching
this individually like a gentleman. If they cared, they'd have done
something to prevent it.

You can pursue in small claim court, no lawyer is allowed to represent
either party in California by the way. So it will be two amateurs
duking it out, although a 'businessman' probably has had more exposure
to 'the system' and may have an advantage. Frankly, unless the car is
extensively damaged, or you can get a number of coworkers to join in,
this doesn't really sound like something worth a good lawyer.

Unless your car is almost new, the rust spots were not caused by
shipping. (They're shipped on the railroad and can pick up steel dust
from the tracks.)

Best of luck. JM

 

Oh calm down. No one suggested that anyone "bend over and take it". He
said he clay-bar'd it but didn't evaluate the results yet. What if it
worked and takes him just a few minutes to do? It worked for me when I had
pieces of iron embedded in the paint. If his is more severe and clay
doesn't do it, then he can make a claim and do whatever other actions are
warranted. But why file a lawsuit and run around shrieking first? He did
say he wasn't looking for a windfall so it sounds like he's a reasonable
person. Suggesting that someone *not* talk first (even to a -gasp-
steelworker) sounds prett chickenshyt to me.

 

Oh calm down. No one suggested that anyone "bend over and take it". He

So, which part of your comment, quoted below, did I misunderstand?

"These are just cars after all and unless the
damage was severe - like a huge chunk of steel falling and caving in the
roof - I'd move on and not get too worked up about it..."

JM

 

You'll have to tell me what you don't understand. If you can easily pull
the iron out with clay in ten minutes, why go ballistic with a lawsuit. I
like a clean, straight car too but it's_a_car not a museum piece.

 

From my POV there are few points worth noting here: 10mins is kinda meagre
as a time to "pull the iron out" - clay barring an entire car takes
somewhat longer *and* has to be added to the time to wash the car first...
as well as any other possible clean-up before going at it with the clay.

There are plenty of references to the rail-dust effect on cars which are
only subject to it for a day or two during transport - a one-shot
relatively random distribution which is weather dependent anyway. The OP
is getting this showering of iron dust *every* day - the entire surface of
the car is getting covered with the stuff.

While the initial effect of the iron/steel particles rusting can be
mitigated by clay barring, the damage *is* permanant - there are holes left
in the paint. That the construction company proceeds on the basis that
this, hazard to other peoples' property, is considered a normal part of
doing business is outrageous. If a lawsuit is required to get them off
their duffs to find a technology to eliminate the hazard... sobeit.

Your remark that "these are just cars" is a highly personal view of things
- maybe you're rich enough that thousands of $$ of loss is nothing to
you... or maybe you just can't recognize when you're running around in
circles. It's the kind of thing I expect to hear from some door-dinging
oaf. The home I own is also "just a house" in those terms... something
which someone else tried to bring up.... and yet I figure I've spent as
much on cars as I have on houses so far.

Rgds, George Macdonald

"Just because they're paranoid doesn't mean you're not psychotic" - Who, me??

 

O.k. 15 minutes. Less time than you'd spend on the phone with a lawyer.

O.k. Add the time to wash the car (which you do anyway) or add the cost of
the carwash to the suit.

C'mon - iron dust doesn't penetrate the paint to the metal surface.

Back to the original point: *talk* to the site manager first. What if he
was willing to get the car detailed including a mild cut if necessary?
Maybe even a re-spray if necessary. Personally, I wouldn't want a respray
if not absolutely necessary. I've got 15 years on one car and it still
looks great - polished regularly and there is still plenty of paint on
there. Even has a small dent in the hood but I managed to keep my blood
pressure in check.

You're imagination is running wild. I'm not rich, take excellent care of my
cars and respect others property. But that was a good technique to try and
invalidate my original point by appealing to peoples hatred of rich scum -
like lawyers that sue at any opportunity.

 

I think a bit more than 15mins... if the job is to be done right.

When it starts rusting, yes that's exactly what it does. Check
http://www.erazer.com/contamin.htm "Stage 3" or any of the other sites
which turn up at Google with "rail dust damage" as a search. Besides it
doesn't have to go through to the metal to mar the finish - with a modern
finish the clear coat is critical in protecting what's underneath it.

Can't say I'd be too happy with a "mild cut" of any of my cars, even if it
had a chance of curing the problem, which I highly doubt. As for a respray
why do you even suggest it when you apparently know it never comes out
right?... especially they're going to do the cheapest job possible: a Maaco
special, like as not.

Talking to the site manager is of course a necessary first step but I can't
imagine it'll lead to anything useful... like getting the idiots to quit
destroying other peoples' property. My own experience with some idiots who
were mixing concrete in a parking lot where I parked every day is what I'd
expect - they treat you like some looney because you don't have the same
disdain for your property that they do. If those guys were capable of
logical thought they wouldn't be doing what they're doing in the first
place.

If I appealed to your baser instinct it was not intended. Remember you're
the one who said "those are just cars".

Rgds, George Macdonald

"Just because they're paranoid doesn't mean you're not psychotic" - Who, me??

 

I did. And they are. I also said I like to take care of mine. I just
don't obsess and hyperventilate about them.

 

True enough, assuming the steel guys even _know_ there is a problem.

Would a tarp over the OP's car solve this?

 

Talking to the contractor first IS the way to go. Take 3 repair estimates
over at the time you talk. Let the contractor turn you down before you consider
suing for damages. If the "fallout" of this project is really that big, and
the contractor tells you to pound sand. Consider going to C.A.R.B.; if there is
a violation, they will shut the project down, costing the contractor a whole lot
more than fixing your spoiled paint...

(Say, do you work by Edlebrock, in Torrance,CA, big steel construction going
on across the street from there...)

Make sure you take plenty of photos, of your car and others that are
damaged. Photograph the construction site. Be sure you review your pictures
carefully; they must tell a complete story (just in case you do have to sue -in
small claims court.)

Give the contractor a chance to make good first.

Cheers, Tp

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Tp

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