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asmagnolia

11:35AM | 04/11/04
Member Since: 07/12/03
18 lifetime posts
Bvtools
My husband and I are having problems with the builder of our house that was started in 5/03 and still lacks about ? more months worth of work. It is 3 floors, and about 6,000 sq. feet. Don't we have a right to ask for 3 quotes from subcontractors? And to know who the subcontractors are? And, when the plans call for specifics like Peachtree Arial windows, shouldn't these windows be put in unless we tell the builder otherwise? On vinyl siding, we selected Reynolds Chesapeak Classic Almond, but the builder allowed the vinyl siding person to use Variform Contractor's Choice Natural Almond, which has a green tint to it, does not have hail damange warranty nor any warranty regarding fading. When we questioned him about the siding, he told us as long as they got the same/close color, there should not be a problem with it. I would like some opinions on the above.

retisin

01:07PM | 04/11/04
Member Since: 05/19/03
457 lifetime posts
Im not a builder but a paint contractor.

In some cases the builder bids out the job as a complete,from all the subs bids.

Some contractors will show the bid of all their subs and others won't.

If you hired a builder that is when you should of gotten 3 bids from other builders (contractors)if you wanted to hire out all the work yourself then you should of called 3 plumbers,3 electricians,3 painters,3 drywall,3 roofers,etc..etc..and gotten all the bids from them individually,you can't go out and get your own subs now.This is why most people hire a contractor because he has all the people he uses in place.

As far as the windows unless it is in written on the bid form or quote he gave you saying that he will use those exact windows you want then he is pretty much able to use a good quality window of his choice.

No,just saying that you wanted these in a verbal agreement isn't enough,because there is no prrof of it even taken place.

I have a few contractors I do painting for and some I need to have everyhting written and signed because they like to change things on me.Other builders i do work for is just a handshake and a smile because I know that the work that I have and will be doing for them if anything changes they will folow up with my added price for the changes.

If you are strongly agreed to your terms then I would sit him down and let him know your feelings that it wasnt what you had wanted,if you let him push you around he will keep trying to do it.Either he is trying to save money or the siding guy's bid was below what he expected so he is using a lesser quality to get his profits up what ever the case may be.

Now as far as the length uit is taking him quite often different subs have different agendas or something happened to where 1 person messed up in the time frame.

Like example me I have been waiting 6 weeks to paint this 1 townhome but the drywaller messed up a few spots before he knew he did he moved onto another job now we are waiting for him to get back in their which in turn is going to make the time frame for the flooring,tile guy,carpet guy,cabinet person see it all falls in line.

The closing date on this is April 15th but it isn't even gonna be till about june 1st because now ive gotten onto another job because this one wasn't ready for me,but I will be thier when rockers are done.

Another example we just painted a home 3weeks ago and the heat some how messed up pipes froze and broke thus drywall is messed up and have to redone in 2 rooms.So things happen and your place is pretty good size,as long as you are seeing progress in the building you should be ok.

Alot of progress you can't see such as electricial,insulation,plumbing but it is still going on.

Well that was a long one,hopefully a little of this helped some.

homebild

02:25PM | 04/11/04
Member Since: 01/28/03
693 lifetime posts
Yours is a legal question at this point and how it gets answered depends completely on the terms of the contract.

Retisin is correct in that the customer usually has no say at all in which subcontractors a builder usues or in how much a sub charges.

Whether or not the builder has a right to use other than specified materials or windows or any other product depends on the terms of your agreement.

Only you, your attorney, your builder and the contract can determine whether or not you are getting eveyrthing to which you agreed.

Have your attorney examine the contract and advise you.

asmagnolia

09:32AM | 04/12/04
Member Since: 07/12/03
18 lifetime posts
Thank you both for your comments. We have contacted an attorney and I am taking documents and plans in this afternoon. Our written agreement was that the contractor would build the house according the house plans (name, number,etc. plans specified) for an estimated $460,000 with the breakdown attached...and we are already at $500,000 He would receive $50,000 in increments of $5000 per month for 6 months and the balance when the house was completed. We would pay invoices presented to us on a monthly basis. The plans do specify Peachtree windows. Our house just sits for weeks at a time with no one doing anything and this is the way it has been since construction started. Anyway, thanks to both of you again. . .I do believe we need some legal advice as where to go now.

retisin

04:18PM | 04/13/04
Member Since: 05/19/03
457 lifetime posts
At that $500 if no changes were made to up the cost then yes you are in your legal rights for sure.

My question is did you already pay him this amount?

But it sounds like you gave him a down payment and then paid your increments,don't give him anymore until there is some progress any work being done but it maybe past that point and you are in needs of getting a different builder,but getting the work that is owed to you out of this one or some type of reimbursment back from him.

Good a good attorney and hopefully all goes well.

Oh and keep us posted on the situation just kind of curious on how this turns out.

1 more thing do you live near MN?I know a great painter here.

www.pictureperfectpainting.20m.com

is my home page.

asmagnolia

02:18PM | 04/14/04
Member Since: 07/12/03
18 lifetime posts
Thanks for comments Retisin. The house just sitting there with nothing being done was so bad last summer/fall, that the builder stopped submitting draws until the house is completed. We have paid him $20,000 in draws plus a $20,000 start up check that is just sitting out there and will be applied to cost of the house or his payment later on. The contract states that he will build the house according to the plans and owners specifications. We clearly specified the siding and plans specified Peachtree windows. Builder admitted he allowed a different siding to be put on the house. When the issue of the windows was brought to his attention, he claimed he was not aware of plans specifying Peachtree windows (is on every page). He signed a document stating house would be complete for occupancy 12/31/03--But we took into consideration the fact that we had lots of rain last summer and then it turning off so hot that they couldn't work in the heat, and we allowed him to go over the deadline without penalties. But when weather was nice for weeks at a time, he had no one working at our house. We have been super understanding with him and his crew--too understanding. We had a couple of independent builders do a walk through of the house last week, and we were told by both that the house is only 50% complete. There are other issues as well. Again, thanks for input. . .I visited your website and will update you in an E.
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