Yup It happens yet again.
I got the phone call from a former client….history….I left remodeling to do a stint as a super for a small local custom builder in the area I thought I could use some training Pahhh it was the numb fingers at night. I turned down (each with a sigh) one client after another….what free time! I was on salary. 1 year to the day and I’m back in biz now 2 months.
So phone call is in desperation “I have hired a GC to do a 200sf addition to owners suite (thats pc) he yells at me and won’t return my phone calls for days and he is still in my house after 11 months! They put up a whole house across the street in 6 months as I watched.” sounds like she is close to tears.
Ok so she is upset and wants an out. I should have put the phone down and run but the truth is I need the work and want to get back my client base plus I felt bad for the lady. So I went and looked with the intent of pointing out some “pressure points” and what to have him do to get over the hump. (sorta like a car reck don’t wann look but still do) Yikes! I asked where are the footing certs./plumming/building/mech/elec insp….none to be found. I am in the DC area and this house is in one of the boomin remodel areas (bethesda). The walls and floors are partially closed in already. There are wires hanging left handed whirlpool tub should be a right hand no access panel…windows out of level with one another so are electric boxes…on and on. Work looks sub par…well it looks like sh*t.
So get on the phone call the county insp. no permits pulled for that house. The GC is liscensed with our MHIC why would he not pull a permit. I break the news to the HO and give her some verbage to elicit response from GC. He says oh I posted them for 3 days thats all law requires….then later …oh and I lost them so I got new ones pulled(this is the day after she puts fire under him). HO fires GC and looks at me all dreamy like….yeah I know its my own fault go ahead and laugh. So I go into the “its gonna cost ya….your gonna get mad at me when I start rippin out the stuff that looks good to you. She looks like it is sinking in but i worry as I know I should.
Bottom line is I know I can fix it and she will smile again. I like a good challange. But I gotta learn to say NO more. This is gonna be a fun one! Can’t wait to post some of the pics.
Questions? Do you use an arbitration/mediation clause in your contracts? Anyone been through one? Was it a better option than court?
Replies
If he went ahead and pulled the permits, then he has to sign off on your work. Right?
Free Sancho!
I don't follow? do you mean transfer of permit?
funny thing is permit is listed as gc info not availble.
If he pulled a permit on the house that your working on he owns it. That's the way it works here. You can't go in and work on the house then get it inspected under his permit. He is responsible for the final inspection. Which means he inspects your work. And your the guy that just peed in his cheerioes. Not a good scenario. Get him to sign it over.
Free Sancho!
A lot of places are like here - the permit runs with the property owner
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
That would suck if you were a GC that got stiffed by the HO.
Free Sancho!
Here, we dont sell permits without a license number . Except a building permit by homeowner and then there are restrictions. The homeowner has to do the work and keep the house a year after they move in with out the property ever being put up for sale.
oak... see my thread called cleaning up a mess in the photo section.
we took over one that was two years in progress.. the GC pulled the permit with a false name.
the building inspector required a letter from the owner for his files, saying that the previous GC was no longer on the project and the permit was transferred to me
BTW... i got paid for a Proposal before the work started and after i did a walk thru with the Building InspectorMike Smith Rhode Island : Design / Build / Repair / Restore
Mike- I remember reading that post and look what good it did me...still cant say no.
all jokes aside it looks like yours was fo sho' much worse than what I got ......I hope. I looks like it turned out good. Nice job on the stairs.
Yeah the money draws will not be an issue (gut feeling but i have been worng before)....state/county law....can't get more that 1/3 upfront on any contract here.
How could this gc have pulled a permit and the permit reads "builder infor not availible"?...maybe he knows the clerk?
In any event I have been in contact with the head building inspector and hope to get multiple variances....we will see.
I think this one will be T&M. Untill we get past structural....maybe up to close in elec looks scary. What remains is howmuch imperfection she can live with vs how much she wants to spend. Example guy used t-111 for siding and he has it butted to the footer not even flashed just a bead of caulk....this is gonna fail/rot. I give it 3 summers in our swamp weather of august humidity. He has earth up against the stuff in some places makes me cring....but now I am ranting. my appologies get me fired up!
I'll post photos later date.
oak.. in my mind... mediation sucks... it's not binding..
i use an Arbitration clause in all of our contracts...
in the 20 years i've been in business, i've only used it once.. and it saved me a lot of time and money
Mike Smith Rhode Island : Design / Build / Repair / Restore
Here the permit can be transfered with a fee not as high as pulling a new permit....so far wssc (plumbing) transfered it for $40. HO is happy to pay that...its the $1000's+ its gonna cost her for me to get a structural engineer to sign of/ then the county inspector squad...He has built almost the entire thing....no footing insp. no groundwork insp. etc. Monday I will get digital photos for the engineer. What I don't know is how much I gotta rip out to show my engineer that it's ok and he can sign off then same deal with county insp. ......anyone ever done this around here in MD.???
.........anyone ever been through a mediation sit down as an intermediate to court.????
.........what was the experience like....did it save $? Or should I just keep the lawyer with big sharp teeth?
I ask this because I here they are pushing legislature around here to require a mediation clause in remodeling contracts? true? not true?
I'd call Maryland Home Improvment Commision first thing monday morning. They have a gaurentee fund that will pay to cover the screwups of the previous hack, which he will have to reimburse the state for... or they will go after him. Why waste your time and money MHIC was set up for just this reason... to protect homeowners.... use it.
Hey, If that actually works, I finally see a good reason for the permit process! Way to go!
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
Ever see the movie "Tin Men"? That was the start of MHIC. Really has nothing to do with screwing up the permits, but the homeowner can recoup their out of pocket costs to get this job back on track. It's funny here in Maryland we all pay a fee to the fund so when a licensed contractor screws a customer the state steps in and pays from the fund... But if a homeowner hires an unlicensed contractor they are on their own.
Also that part of Maryland is on the edge of both DC and Virginia, both of which have their own license requirements. It really sucks to be a contractor in that area as you need 3 licenses to work the area effectively and many work illegally.
Here! Here!
Tim ... how do you enforce the year waiting period?
I'm sorry, I thought you wanted it done the right way.
Tim ... how do you enforce the year waiting period?
They are done building in the city for any type of permit . They actually get that one clear , but business in the city is officially over. The next time they enter the office they must have all licensed people sign their permits.
You are correct. Once an electrical permit is pulled , how could I charge someone else for the same permit? I had it happen . The dude that went down the road still has his signature on the work. Its his , not the new guy. I had to call the city lawyer for a ruling on that one .
I think since you really know what you are doing technically,you will do your part,so if I were in your shoes,I would stay away from arbitration and let some one go to small claims against you,You probably will win since you are doing your part...
Arbitration favors the H-O
SCRIBE ONCE CUT ONCE!
arbitration limits the damage and gets a quick settlement..
you don't have to sell your first born to hire a lawyer to represent in court..
one thing about legal suits... if you have deep pockets , it's easier to prevail over someone who isn't as well off..
a lot of the poeple i work for ( and some of those people are the lawyers i work for ).. could hang me out to dry just by filing suit and dragging it out in depositions and court
another thing to consider: court appearance is a least two years out here in Rhode Island.... that's a minimum.. can you afford to wait for two years for a decision you might not win ?
with arbitration you can have a decision within two months
Mike Smith Rhode Island : Design / Build / Repair / Restore
coyote... here 's a link to an article about Arbitration vs. Mediation and Litigation..
BTW.. this looks like a good site to bookmark
http://business-advice.bizinfo-bangladesh.com/legalcenter/Mediation_or_Arbitration_Instead_of_Litigation.phpMike Smith Rhode Island : Design / Build / Repair / Restore