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Getting screwed by my builder?

Willie | Posted in General Discussion on October 20, 2010 09:12am

Not sure how to handle this, new home framing is done and we hit the first speed-bump.

1.) Contract has fixed amounts and allowances, approximately 1,300 ft of facia and frieze adding the two together, is a fixed amount in the building contract. Plans specified 8″, no material specification, builder built a lot of houses in this development and works through the architectural review board.

2.) Builder tells me architectural review board did not approve Aluminum, has to be something else, will use Miratec. Will be a cost difference. I said sounds OK.

3.) Some weeks later builder says cost difference is $12,000, I am shocked, this is only facia and frieze, no soffit.

4.) After interviewing the builder and his contracted carpenter, we establish that the cost difference is mostly labor. Carpenter wants $14,000 in labor, which is $12,000 more than bugeted in the contract.

5.) After more questions, I figured out this is a BS story, eventually when I get carpenter in a corner, he admits that he would charge the same, wether Aluminum, or Miratec, for the labor.

6.) Builder is now getting more qoutes, says it is looking good will talk to me later.

My problem is that the trust is now broken, If the builder under-budgeted and was honest, I would work with him, but I believe he worked with his carpenter and took a wild chance.

Don’t know what to do, I can be nice and this can become a one-way street out of my pocket for the rest of the contract.

I can go back to the contract and hold him to the fixed amount, as working with the architectural review board is his responsibility and this was a big BS story to begin with.

Any ideas?

 

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Replies

  1. Scott | Oct 20, 2010 10:18am | #1

    If your story is accurate, I wouldn't trust him either.

    Consider having him finish the basic framing job and pay him, minus $12,000. (After all, that's what he said the facia job was worth!) Hire out the facia job to someone else.

    I'm kidding... we all know the facia job is worth less than 12K. But I would consider hiring someone else for the remainder.

  2. Shacko | Oct 20, 2010 03:43pm | #2

    Getting Screwed

    >>>builder built a lot of houses in this development and works through the architectural review board.<<<

    It seems funny that he worked with the board and didn't know what and what not was allowed, I think you are being screwed!

  3. cussnu2 | Oct 20, 2010 04:03pm | #3

    BOHICA

  4. DanH | Oct 20, 2010 05:41pm | #4

    If you've been satisfied with the rest of his work, maybe you should have a come-to-Jesus meeting with him and see if he can convince you to trust him.  Then, if you feel like giving him a second chance, make it clear to him that you believe the only smart thing that Ronald Reagan ever said -- "Trust -- but verify!" -- and you'll be watching him like a hawk.

    (It might also be informative to the folks here to know what the terms of your contract are.)

    1. Willie | Oct 21, 2010 11:42am | #5

      Thx

      Terms of the contract, he is my builder, building a new house, the contract is based on fixed amounts and allowances for appliances, etc. This issue was part of a change of fixed amount, as the facia and frieze trim had to change from Aluminum to Miratec, due to the Architectural review board.

      I would like to think we are OK. This builder is one of the most reputable as seen by the community in our city in NC, we are building in a well established golf development.

      He says when we cut the budget from Hardie soffit and Miratec facia and freeze, to try and bring costs down while still negotiating the contract, he plugged in prices from contractor X and Y. X was for Aluminum facia and frieze and Y was for vinyl soffit. I can remember a substantial saving.

      When the board did not accept the Aluminum, but they were OK with the vinyl soffit, he fell back on his previous prices, quoted by the carpenter who is framing the house.

      The framer did a good price on the framing, but included the frieze boxing in the trim price. He has been working with this carpenter for more than 10 years and the quality he says is the best, so he normally only uses him on $1 million plus homes and those are his trim prices.

      He is now bidding with the original contractor X for this work and also bidding with someone who is about to get a new house framing job from him, so the prices will be good. He thinks he will be back in the budget.

      He says it was his mistake and I must think what I think, but that is how it happened.

      Wish me luck.

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