Question about permits

14 years ago

I know all areas are different, but was wondering if it is more typical for the builder to get the building permit, or for the homeowner? My builder told me that they would get the permits as a convenience to us, since the contract actually states we will get the permits. The last time I had a pool built, it was no issue, the builder got the permits. Anyway, the other day, my builder called me and asked if I would mind going to get the permit because it will take longer for them to do it as they need to present various paperwork,etc. (This builder tends to do more work outside my city limits, but states that they did quite a few pools in my county within the last year.). Anyway, I said that I would go ahead and do it, so I called the building permit office to find out what I would need to have with me, and she said that she felt she just needed to tell me that when I file for the permit, I basically am the general contractor and I am liable if a sub decides to sue for not getting paid, or getting hurt, etc.) She looked up the builder and stated that according to her records the builder only had a state license for home improvement, therefore, the contract dollar amount that they are able to build for is lower than my contract. And states that they would need a general contractor's license to cover the amount of my build. My husband was concerned that that they did not divulge this to us upon signing of the contract, since now they have ordered our pool. So, he called the builder and the builder states that they do, in fact, have a general contractor's license and the city has something screwed up. they stated that they would go ahead and get the permit. I am not questioning the ability of the builder to do a good job. In my opinion, if they do have a general contractor's license, than this would be a good time to make sure that they are recorded appropriately with the city... But the contract does state that the owner obtains the permits. Am I being overly concerned? It would not have been any big deal until the permit office employee told me that they were not licensed to do a job within my contract amount (we are talking about $7,000 over). I am getting a small pool without alot of bells and whistles, and I know this builder has contracts well over the amount of mine, so is it possible that the city could not have the appropriate information on this builder, or are they not being straight with me? Am I over-reacting?

Edie

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Comments (6)

renovxpt
14 years ago
City employees are prone to making mistakes. General Contractor licenses are issued by the state. You should be able to verify their license on the internet.
mwrede
14 years ago
I am not an expert but I would advice you to ask your pool builder for his licence number and verify that it matches his name and/or the name of his company and that it's not expired with whatever agency oversees general contractor licencing (you should be able to google this for your state).

If they are not licenced to do work of this magnitute you should be able to back out of your contract. Not sure what the regulations are in your state but usually they wouldn't want you reporting them to the state as they would have to pay a fine.
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It is a little funny that you would take out a permit for your own property and then argue with the inspector. This guy is just doing his job- one you hired him for! The building department is to protect the consumer from builders doing shoddy work. If you have a professional engineer running load calculations, a professional carpenter building the deck, and a professional code inspector, why are you spending so much of your own time and effort doing all the legwork! It sounds more like you already know everything and probably pissed off the guy when he arrived on the job site. Get this straight: the inspector's interpretation is the code. It doesn't matter what you read in the UBC manual. Those are minimums. The design standards vary by jurisdiction based on the head building official's interpretations. Your only recourse is to argue to the head building official. (But I don't recommend it) When he failed your pool cover it is because he knows about bait and swap. It happens in construction all the time. The builder just shows the receipt for the specified materials he already returned for the lower quality ones. Unscrupulous contractors do it all the time at the expense of the homeowner, who can't tell the difference. My advice would be to take a different approach with this inspector. Give him the respect a figure of authority deserves. Don't argue with the cop, like Dad always said. But don't be condescending. You (or rather your professional carpenter) really should have known he would inspect the built-up beam and probably not proceeded with the framing until the beam passed. Also you (or rather your professional engineer) should have known about placing the splices directly above vertical supports so the horizontal member bears structurally. I always ask the inspector at what phases of the job he wants to inspect and specifically what he wants to see. This keeps rework to a minimum but can delay the project a bit if the department is really busy or understaffed. Communication is key. Sometimes I get asked: "How hard is it to _________?" My rhetorical answer is always: "As hard as you want to make it." Just do what the nice man says.
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renovxpt
14 years ago
mwede has done her research. If the contractor does not have a license equal to or greater than the contract amount it is considered an invalid contract in most states. Although if you have given them a down payment, the burden will be on you to collect it.
edie_tn
Original Author
14 years ago
Under the Tennessee.gov website I was able to locate this builder and it states that they are an active home improvement contractor. The pool builder stated yesterday that they are a "general contractor' and will straighten it out at the permit office. The contract specifically states that owner will pull permits and the only reason this got started is that the builder had originally told me they would pull the permit, and then I got the phone call asking if I wouldn't mind going and doing it. I would think that it would not have been offered if it was thought to be an issue. Once again, I have no doubt that they are good at what they do, but I believe they should have stated to me, before the contract was signed, that they are only licensed to do work up to $25,000. (When receiving bids, I did check to make sure they were licensed, but did not know that there were $ amount limits on the licenses.)

The builder insists that there is an error with the State and that they will clear it up. So I guess I will wait until I hear back from them.
renovxpt
14 years ago
IMO you should be willing to understand a missed filing deadline etc. and let them get the correct license recorded to obtain the permit. If they have never had the appropiate license, you should probably seek other contracters.

Although you may be excited and anxious about the new pool, proceeding slowly rather than making compromised decisions will bear the best long term result. You have a lot of time before next summer.
edie_tn
Original Author
14 years ago
Problem solved. The builder does, in fact, have a contractors license as well as a home improvement license. Two entities, which caused the confusion, as the permit office acknowledged today were both covered under the general contractors license, with apologies. I also checked myself on the Tennessee.gov website and all matched up.

Question about permits

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