1 year later...the Builder threw us under the bus! What to do?
momtoollie
10 years ago
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10 years agomejjie
10 years agoRelated Discussions
1st year and 1st attempt soil woes?
Comments (7)Congratulations on improving a patch of soil. It may be the most important work a human can do. It IS work and takes effort and patience. I started a veggie garden about 3 years ago in some of the sorriest thick heavy clay, but with vermicomposting and heavy mulching, it is coming right along and turning into fertile loam. Bought my worms (sold as red wigglers) from the local bait store and they have done a great job and thriving in this soil. Also have noticed big night crawler earthworms have moved into the garden. They burrow much deeper and aerate the soil even better. If you avoid chemicals, you will get beneficial insects to prey on the pests. Compost, Compost, Compost- if you can find a source (your local diner?) for coffee grounds and egg shells, get them to save that stuff for you. If you have the time and energy, pulverize the egg shells down to a fine powder, so the earthworms can digest that good stuff. Another good thing you can do for your soil is to grow nitrogen-fixing legumes- beans and peas. Get a few soybean seeds and grow your own edamame! Try clover or alfalfa as a cover crop in Winter- I've heard hairy vetch is good as well....See MoreBitter Builder sends invoice 1 year after we move in
Comments (13)Ouch. Assumings facts are as presented, neither side held to the contract during the build. Of course, a lot depends on the type of contract and just how specific it was in detail. It would appear that there was poor planning and a lack of oversight during the build (such as the need for another furnace determined *after* installation), payment for which should have been covered in the contracted details, as well as what sounds to be disregard for the contract -- "wrong" shower door installed by builder but buyer did not follow up on correction. A lot of the counter-claims are dependent entirely on the contract. If neither the contract nor the agreed-upon specs list specified model #xyz shower door, then the builder is not required to provide that model. A change-order would have clarified the requirement and the payment. If there is no change-order, the implication is that the builder appropriately provided a shower door as stated in the contract, but not a particular model# because none was stated. If the specification *was* covered, then it seems to become a case of the builder not abiding by contract. And so on, right down the list. So, yes, I join with others in thinking a lawyer is needed to protect the buyer's interests while clarifying the actual status of the charges. Builder can list and claim all the "up-grades" he wants to, but if they weren't specified in the contract or in a signed change-order it is likely to be viewed that he made the changes on his own cognizance and the buyer is not responsible for payment over the contracted amount; this applies to everything that was not specifically stated in the contract -- including re-painting. It would be nice to adhere to word-of-mouth-and-a-handshake, but it's rarely realistic or sensible to do so -- and if handshakes were thought to be realistically binding, there would never have been a contract in the first place. Without having written word, signed in agreement by all concerned parties, we are looking at a situation of he said/she said/I said/you said and the clarification, justification, and solution of the disagreement will most often involve legal staff. For those who consider it justified criticism to say that many GW posters leap to advising litigeous solutions, please consider that "good" builds don't need such solutions; and that "bad" or problematic builds all too often DO need the direct advice of a person knowledgeable of the laws of the OP's area -- which the GW posters realize may differ from their own area....See MoreThe Tour Bus is Departing for "Hosta Island." (Part 1)
Comments (30)Jerry, If I may.... I have several different types of astilbe and have found they grow better with some sun - just like hostas! In shade with hardly any sun they will grow spindly and sparse, not flower as prolifically but tall...same as Heuchera come to think of it - larger leaves but very spaced out. They will mound out if you provide some morning sunshine. I have one that specifically was bred for full sunshine called Hennie Graafland. Ostrich Plume gets sun from just about now, 11:30 to around 3:30, as does Visions in Pink and Amethyst. Diamonds and Pearls seems to accept 7 hours of morning sun easily. Dusseldorf is in more shade but maintains a mound because it receives some direct sun. None of them show any crispy edges throughout the season and I don't give supplemental water unless it has been dry for a week. I've found that most astilbes are sun tolerant in moist soil, in my zone 5. All tags say "partial shade", none I've ever seen say full shade. They make ideal hosta companions because their growing needs are similar in terms of light and water. Hope this helps in some way.? Jo...See MoreCan builder sign with another buyer if I'm still under contract
Comments (27)if the plan was for 2,000 square feet and the final was 1,500 square feet, I would imagine the OP would have an easy time getting the remaining deposit back, even though they signed off already. I respectfully disagree. It is exceedingly unlikely that the OP could overcome the settlement and even more unlikely that it would make financial sense to try. We should understand that in most states you risk more than your deposit when you breach a contract. The deposit is given as reasonable insurance you will not breach, but it is rare that any contract maker will limit their recourse to surrender of deposited funds. The builder could sue for specific performance, in other words he could make you buy it. He might also sue for losses associated with your breach. When you agree to a partial refund, you are agreeing that you will not sue him for problems during construction and he will not sue you for further damages or specific performance. A settlement is essentially a new contract. The only way the OP would reasonably get around that, and still probably not cheaply, is if he could prove that the builder regularly did this as a profit generator. I once saw a landlord, who had low rent rates on a great property, get in trouble for taking excessive applications, and associated fees, for each apartment he rented. Whenever he needed money he would just accept applications even if he didn't have a vacancy, at $75 per application he was making a mint off of them and he would just put people on a waiting list, sometimes for years. He lost a case and ended up having to sell the complex....See MoreLuAnn_in_PA
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