What if spec sheet differs from blueprints? Which one rules?

10 years ago

We are in the midst of our home being built and are realizing there are difference between the contract/specs, and the actual blueprints (permit set) drawings.

When we signed the contract, the included spec sheet was a generic listing that the builder said they often use. At that time, they had presented us with various elevations but we hadn't finalized one. There was not one as part of the signed contract, nor was there a listing of upgrades/options. Once the contract was signed, the architect drew up blueprints, which we then initialed. We assumed, unless something was listed as an option, that we were getting the design and features listed on the blueprints.

So, I am wondering when there is an inconsistency between the spec sheet (included with contract), and the actual blueprints drawn up afterwards, which one rules.

e.g. the spec sheet states "premium steel insulated 9 lite single door" but every elevation we were shown before we signed, and the blueprints themselves, show a 6 panel solid door with 2 sidelites and a top transom. So which one rules?

e.g. the spec sheet states "6 foot insulated vinyl sliding", but every elevation and the blueprints show it with a top transom.

e.g. the spec sheet doesn't mention stone at all but every elevation we were shown beforehand shows more stone than what is drawn on the blueprint elevation.

e.g. The heating section states only, "Gas heat with central air. Performance 85% single stage by York". But we were verbally told that anytime they do a house over 3K sq ft (ours is 3250), that they do 2 units. Yesterday, when I met with the HVAC guy for the first time, we were told they were doing a single 5 ton unit, and if we wanted anything more it would be about $3500 for a zoned system, or about $6000 for a 2 unit system. I know I should have tried to clarify1 or 2 unit in the contract but they told me the HVAC manufacturer would later figure it out (Manual J) and thus they couldn't tell us for sure until then.

e.g. The spec sheet states 50 gallon hot water heater, but the blueprints show 75 gallon.

There are many areas on the blueprints that state "optional" for certain things like garage utility tub, extra fireplace, and I would expect to pay extra for those. But the above examples I mention are not listed as options on the blueprint.

So does the contract/spec sheet trump the blueprints, or does the blueprint trump the spec sheet?

I plan to talk to a real estate lawyer about this, but I wanted to know if anyone is familiar or has gone through this.

Thanks in advance!

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Comments (5)

millworkman
10 years ago
Far as I know you signed a legal contract and that is all they are bound to give. The plans were drawn, finalized and signed after the contract so technically they probably don't mean much at all as to what your to be given.
User
10 years ago
What you signed, i.e. the spec sheet, is what you get. You can't even call it bait and switch, because you never incorporated any of the changes into the contract in the first place. The blueprints would have had to be done first (The normal way of doing business), and incorporated by definition into the contract for you to receive all of the upgrades at the contract price. Unless you are willing to pay all of the upgrade fees to get those upgrades, you're going to get a basic home.
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lithnights
Original Author
10 years ago
Thanks for the feedback. I see what you are saying. I will admit, the process we went through was a little unorthodox. This builder is a small family company, and although they have been very flexible, getting clear answers has been difficult throughout the process.

We were pressured pretty heavily to sign something, and gave in a bit more than we should have. BUT new land around us is unheard of (you'd have to travel 40 minutes away), and this lot was in our existing neighborhood, so we really wanted to do this venture.

Once we had the floorplan, the builder basically said they weren't having the architect (their architect) do further work until we signed something. I guess we should have fought that but we didn't know the normal process.

So there really was no other game in town (the builder owned the land), and although we didn't let them know it, we really wanted this, and no doubt gave in more than we should have. And no doubt, didn't push certain issues. But we also didn't have an agent in the process, even though we did run the contract/specs by a real estate attorney as well as by another builder I know.

So basically, we were a bit ignorant on lots of stuff. I'm not making excuses.. just wanted to let you know a little more background on our situation.
virgilcarter
10 years ago
The answer lies in your construction contract, and whatever references it makes to drawings and/or specifications. Since this situation was between you and the builder, your only standing is based on the language in your construction contract. None of us have seen this, so none of us know the terms of your construction contract.

In more normal situations, where an owner commissions an architect as the owner's agent, BOTH drawings AND specifications are bound together as the "construction documents" referenced in the construction contract. It's just another reason to consider using the services of an architect and AIA contracts which are acknowledged as the "standard of the construction industry".

When one short circuits this general practice, it's up to the owner to protect themselves.

Good luck on your project.
User
10 years ago
When an owner presents a contractor with a contract, drawings and specifications, the order of authority is first the contract then any addenda, the specification and then the drawings. The owner is responsible for the accuracy of the documents and the contractor is responsible for reviewing the documents and informing the owner of any errors or discrepancies.

When an owner enters into a "design-build" contract there should first be a design phase where the owner is obligated to pay for the design and documents then when a construction price is agreed upon a construction contract would be signed.

For homes it is a common practice for a contractor to provide design services with the expectation that the owner will eventually sign a construction contract. This method puts great pressure on the contractor to get the contract signed as quickly as possible which puts the owner at a great disadvantage so I don't recommend it.

Since the contractor is in full control of the design, a "specification" is often not a description of materials and installation requirements but a list of features.

At any rate, any owner-contractor contract should clearly state which documents have the higher authority and the contractor should be responsible for coordination, not the owner. If these clauses are missing from the contract and you were asked to sign the drawings rather than the specification, I think you have the right to expect to get what was shown on the drawings.

You now have a very poorly coordinated set of contract documents but since the contractor was responsible for preparing the contract, the specification and the drawings, there can be no doubt who is at fault.

What if spec sheet differs from blueprints? Which one rules?

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millworkman

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What if spec sheet differs from blueprints? Which one rules?

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millworkman

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lithnights
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