SHOP PRODUCTS
Houzz Logo Print
tagi1

Contractor Asking for Overages after Signing Contractor Affidavit

Tagi1
10 years ago

We recently finished building our home and closed on it on October 30. We have paid the builder the entire contract amount and he signed the Contractor's Affidavit attesting to this fact. We knew that we had a few overages (tile and hardwood flooring) to which we agree. We told the contractor that we were withholding the overage check until he completed everything on the punch list. We had heard from others that he was notorious for never returning once he got the last check and would not finish the punch list.

Today, January 21, he has finally completed the punch list. I agree that I need to pay him his overage check (we believe it is less than $5,000 according to our calculations). My problem is that he is now claiming that I owe him for things that he talked me into changing during the building process "for no charge". We repeatedly asked when he proposed these changes if there would be any additional cost and he assured us over and over that there would not be. I reminded him that if there were to be cost changes, we needed a change order stating the changes, cost involved, and that both parties needed to sign it (as stipulated in our contract). He never produced any change orders because he as he said "it isn't going to cost anything".

These were changes that we would never have agreed to if we had been told there was a cost change. We had a very specific budget and were determined to stick to it. I have reminded him since he presented me with the list of overages, that he never gave me a change order and that we never agreed to a price change. I do not feel that we should be held responsible for this since he was not honest with us upfront.

The other side of the story is that we have learned this week that he has not paid all of our bills for our house. He evidently started our house in the hole and used our first payments to pay off debts from the last house he was working on. Now, he has been paid the entire contract amount but does not have enough to pay off the debts on our house and thus, has come up with this list of "overages" that he wants to be paid for. Suppliers have tried to place liens on our house but can not because he has already signed the contractor affidavit.

I will pay him for the items that I agree that I went over on (allowances) but am I protected against paying these other costs that he is now claiming since he signed the contractor affidavit stating that he has been paid in full? Our contract was for a fixed price. Thanks for any advice.

Comments (13)

Sponsored
Capri Home Renovations
Average rating: 5 out of 5 stars33 Reviews
Reputable Home Renovation Company Serving Northern Virginia