Entitled to invoices? Fill discrepancy.

14 years ago

What am I entitled to see as the customer re invoices and expenses during new construction, and is it really as inflammatory/accusatory as I think to request?

I see there are various types of contracts, I don't know exact term for mine ... all costs were paid up front and we have allowances in contract for baths, lighting and fill. Change orders are paid (eventually) cash and my GC/owner quotes them on spot and they change often.

The issue prompting my question is over the amount and total cost of fill we are told has been delivered. (We built house higher b/c of flood zone, 1/2 acre lot, 31x42 plus 20x22 garage.) Got email last month that they exceeded their 3k, we were 2k out of pocket too, did we want more (more was required). He suggested I could sell topsoil, I never said yes or no. Had 3 more loads delivered meantime, told balance $2600 (total 5600).

Last week, GC mentioned having sold my topsoil w/neighbors - which I never approved BTW - told credit was 2k. GC thought he included that in emails. No, I didn't see that reflected in corresondance and I should owe 600 b/c of this credit, although I'm getting emails of 2600. Left GC message early this wk asking please for invoices as we are confused, and we have not heard back (he only acknowledged he rec'd call).

So, this means they have spent $7600 on fill, most on side house to build driveway outside of garage, some front house but that slopes ... I honestly don't see much difference elsewhere and still need much more in back. That amount means thirty-eight 18-yd loads? I don't see it.

Please help me to know my rights re invoices and verify this amount of fill and price is reasonable/unreasonable. Am I entitled to choose another landscaping company while they are still buidling?

Thank you

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Comments (5)

jmagill_zn4
14 years ago
As this is a an allowance item, I would say that you should be able to see the invoices. It would depend on the contract wording though.

If the contractor is above board than he really should have no problem with verifying his expenditure.

How have you paid other change orders? Have you just paid with no back-up?
alabamanicole
14 years ago
Get your contract out and read it. At the top it probably says if it's a Cost of Work or Fixed Price contract.

Why are change orders so frequent and casual? Are you changing your mind or was the GC's planning and budgeting poorly done? Do you ever get a written statement about these change orders or is the cash just disappearing into a verbal black hole?

If this a cost plus contract you absolutely should have full access to everything. If this is a fixed price contract and your GC is the one overspending your allowances, you need to get a hold on your allowance spending. If it was known from the start how much fill was going to be needed there is no reason to be that far over unless someone made a very big error in judgment or calculation.

But yeah... fill dirt doesn't go very far. It looks so big on the truck and when you spread it out it looks pretty wimpy.
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sue36
14 years ago
From what you have written, it sounds like you have a fixed price contract with allowances (most have allowances, few people pick out each and every thing before the contract is signed). The more allowances the more risk over overages.

1) All change orders should be in writing and signed by you. They should not be frequent or casual. That is a recipe for disaster.
2) You are entitled to all invoices that are for something that increases the cost (change order) or an allowance. You are not entitled to invoices for things that are fixed price items.

If you are paying all this extra money for fill I hope it was one of the allowance items.

What does selling the loam accomplish? You are just going to have to buy it again. Unless you live in an area with deep loam (those places exist, I assume, but not near me) and don't need it all...Don't let the builder spread a measly 2" of loam, you'll never get a good lawn. 8" is more ideal.

And this is where I give my little speech about having an attorney review a contract before you sign it. It is likely the most expensive thing you will ever buy, you should spend the $500 to have it reviewed.
gateway29
Original Author
14 years ago
Thanks, everyone. I believe it is a fixed price contract, after review.

My change orders are for upgraded items (panel and plywood backing for island, stairs, crown, wainscotting)which we'll settle at end. I do get an email with them all written out and email approval back, or not. My issues usally lie with when the change order arrives the prices don't match the quote - it is exhausting to keep correcting them and not feel like the villain.

Does one usually request invoices w/a fixed price contract when they upgrade or have a change order? For instance, a different finish hardware on doors would cost me $500. Does one verify this, or assume builder is incorporating his fee, take it or leave it? Things involving labor like built-ins, I couldn't truly verify, but my upgraded door of sketchy quality, yes.

I want to keep a congenial relationship however. Until now, I haven't asked for invoices b/c I feel if he ends up crediting me x-amount, it will just come out of something else, or factored into next quote. There was an issue with bath allowance ... I was told my tub surround was x and then, as it cam out of my allowance, there was a $700 difference (times two bathrooms). That is now cash I have to come up with, so even though I've told him you told me a different price, he disagrees. Ask for invoice when it is an allowance item?

Topsoil - you are right sue36, I asked same question about taking it out only to put it back in again. They said that topsoil was like gold and I would get many times more in return, I only need a few inches, however it looks like I could use 10 more loads back there to get out of my door.

Thank you!
alabamanicole
14 years ago
If you GC is doing verbal quotes on the spot, it doesn't surprise me that there will be some discrepancies. I would consider the verbal quotes rough estimates only, and ask for a firm, written price on a change order before giving your yay or nay.

Entitled to invoices? Fill discrepancy.

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jmagill_zn4

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Entitled to invoices? Fill discrepancy.

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jmagill_zn4

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