How did you determine contract price with builder?
andi_k
13 years ago
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david_cary
13 years agolast modified: 9 years agoandi_k
13 years agolast modified: 9 years agoRelated Discussions
Did You Talk To An Attorney About Builder's Contract
Comments (15)I agree with engaging a lawyer, but know you will have to decide how hard you want to push on changes. Some are more important than others, so depending on your ties to the builder you will need to make some tradeoffs of risk vs contract terms ... keeping in mind you are at the start of a 9-12 mo "relationship". Everyone will draw a different line. If you are truly willing to walk away then you can push harder on issues that in reality you hope won't ever become issues anyway. One suggestion ... I was able to get my builder to electronically provide his base contract wording to me in MS Word. Electronic version made it much easier for my lawyer to "mark-up" his changes. Once changes were done, I reviewed them with him to understand the reason for each change and the potential risk ... whereby I made the decision to keep or drop them. The lawyer was very helpful to guide me on which ones to "fight" for and which to simply "try for" ... In my case, I got most of my critical points and many of the "try for's", but the arbitration issue is VERY hard to get dropped with most builders in my area. At best I was able to improve the wording and lenghten my warranty coverage....See MoreHow much over on a fixed price contract?
Comments (13)Sue: I don't know enough about construction to know why the foundation might run over either; I'm just trying to anticipate possibilities. Perhaps if soil conditions in that area required a more extensive foundation? One thing our G.C. said is that if anything really bizarre turned up and they needed to bring in a soils engineer, we would have to pay the engineer's fee. And, I presume, any additional cost for construction related to his findings. No septic; county sewer and water. I rate-shop loans every few months. Consistently for us, our best deal is with Wachovia to do a C-P loan. We can lock in a permanent rate for 12 months, or pay an ace to get an 18-month rate lock. I have no idea whether to do that or not. We pay interest only during construction on the cumulative amount of the draws. We own our current house free and clear and won't try to sell it till after we move into the new one. We paid cash for the property the new house will be built on. So, there won't be any unexpected expenses with our living situation. Of course, prorated property taxes and insurance for a longer build, but I've budgeted for a 15 month build on that and it's a small house that's expected to take 5 to 7 mos. Two related issues on that, though. One, is I don't know what the homeowner's insurance company will do once we do the demo and start building. At first they'll have nothing to insure and gradually they'll have more and more of a house they're insuring. Secondly, I don't know how the city and county will handle our property taxes. In Ga, for the county at least, the assessments are based on what you own on Jan.1, with taxes due in Sept. I don't know what I'll own on Jan. 1 and I don't know if they'll re-value it if it's a vacant lot (should and will also being 2 different things) or periodically during the build. Many mysteries here. BTW, do you remember me? I'm the one who said "I don't buy a lawnmower without my attorney looking at the contract. We love our atty. and he loves us"? That's me. But I do all I can do first, to save attorney's fees. I spent a few years reviewing contracts in the legal dept. of a huge finance company, so I'm comfortable with the initial reading. And I know when I need help. My atty. usually gets contacted by me during the negotiation stage for some help. Then he gets the preliminary contract with a list of questions clause by clause. We work well together hammering things out that way. dixiedoodle: we should all be so lucky as to have your deal! If we go more than 2.5% over the fixed price, for the unexpected, we have no choice but to dip into the IRAs. But it won't be the end of the world. We've been hacking down the size, etc. of this house till we can go no further. It's a stretch. And we are nervous. I do love your wording about the substitutions. I have printed it out for my contract file. Thanks to both of you. I'm always informed by what you......See MoreHow did you finalize your contract with your GC for remodel?
Comments (9)"Are GC's hesitant to give firm numbers for remodels? I understand that unlike building a new home, remodeling projects can have surprises discovered after demo, but would a 15-30% contingency cover us in such cases?" As a GC, I'll step in. Depends on the GC and how well they research the job prior. When I first started in this business, I felt pressure from customers to hurry and a get a number. That usually led to overlooking major problems, or not giving ourselves enough of a margin for an 'oops' factor. We learned the hard way and had a few very patient customers allow us the time to fix mistakes. As a contractor, I'd make sure the timeline penalties allowed for extra time incurred due to change orders or unforeseen circumstances. That being said, at this point I am done trying to please people who are completely focused on price with unrealistic expectations of what they can get done. So think that, yes, all contractors are scared to death of having a major setback during a job set them back, but those who learn from their mistakes, learn through experience what things can go wrong when, what to look for ahead of time and plan/price accordingly. We stick to our budgeted contract amounts, excluding change orders. I think its a part of doing good business. If we screw up or something doesn't go as planned, we fix it at our expense. Poorly capitalized businesses fail everyday because they cannot afford to fix their errors or better yet, avoid them. I have a problem with someone mentioning a change order over $500. I always put in my contracts that change orders will come with anything and a 50% deposit with a signed agreement is required for anything over $100.00. Change orders can kill a job if all parties involved aren't watching the total dollar amount. If we cannot continue the project because an issue has come up (structural for instance) that has arisen due to existing conditions, we will not continue the project until the customer is given notice, a decision made and either approval or sign-off of a change occurs. I'd suggest making sure also that all installed fixtures are spelled out in the contract in detail. Also, who is responsible for purchasing what and during what phase should also be spelled out....See MoreFixed Price Contract, Ceiling Ht. Increases Builders Responsibility?
Comments (13)Pretty much repeating what others have said. The excavation costs for the rock is your responsibility. Drilling wells are the same -- costs shoot up if they hit rock. Not a good surprise, but what most of us face when building....ya never know what's under there..... I did ask how far down the yard would be and they said it would be just one step down from the back porch. This worries me a bit that the builder took this to mean "one step" was what you wanted. However, I would be asking TONS of questions about the basement, because that is a change in the plans which you did not initiate or approve. Perhaps it is a requirement because of conditions ("requirement" meaning to meet code, NOT because they think it is an improved way of doing it), but if they took it upon themselves to make a deeper basement because they thought it would make a nicer walk-out basement, that is on them. They should have had you approve the change....See Morebevangel_i_h8_h0uzz
13 years agolast modified: 9 years agoandi_k
13 years agolast modified: 9 years agodavid_cary
13 years agolast modified: 9 years agoathensmomof3
13 years agolast modified: 9 years agopps7
13 years agolast modified: 9 years agosue36
13 years agolast modified: 9 years agonycefarm_gw
13 years agolast modified: 9 years agocharles_y
13 years agolast modified: 9 years ago
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