Advice for staying on the good side of our GC and not getting screwed.
aliceblois
8 years ago
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aliceblois
8 years agoRelated Discussions
Help please! My GC abandoned property...I need advice!
Comments (6)Definitely on your side on this one! Was your contract on a cost plus basis? If so, there is a darned good chance you bought and paid for that stuff and I would insist that the builder provide me with proof to the contrary before I would let him take it. Even if your contract was a fixed price deal, if your GC is as lousy as you say and there is no "paper trail" regarding these materials, there is at least some chance your GC never paid the supplier for them. And the worst of it is, if an unpaid supplier delivered that stuff to your site or was even told by your GC that it was for your build, the supplier can put a lien against your property! (The time limits for filing M&M liens vary by jurisdiction so, depending on where you are located, you may be safe, but I would definitely check.) If the time limit for filing an M&M lien in your jurisdiction is more than about 3 months, before I would even consider letting the GC pick the stuff up, I would call around to any local suppliers who might have supplied the materials to try and find out who supplied it and whether they had been paid for it. IF someone says they supplied it and haven't been paid, ask for a copy of the delivery invoice. Do not let your GC pick the materials up. Instead, send the supplier a certified letter (with a certified copy to your builder) saying the materials appear to have been mis-delivered to your site and that the supplier needs to come reclaim them. Then, get a receipt for anything and everything picked up by the supplier. Now, assuming the time for filing liens has passed, and your contract was a fixed price contract, then PROBABLY the stuff legally belongs to your GC. He should have cleared it out before you moved in. And in all fairness, by this point, you OUGHT to be able to charge him a storage fee for having had to deal with the junk all this time - but as I'm sure you'll agree, the chances of ever getting any money out of him for storage are probably minimal. Much as it would feel good to try and make him pay for dumping this one last hassle on you, if he wants to reclaim the stuff there probably isn't any point in wasting yet more time and psychic energy on the b**tard. Unfortunately, I can't think of any law that seems to apply to your situation. The closest laws I can come up with are abandoned property laws governing situations where a tenant leaves behind personal property in a rental unit and the landlord is stuck trying to decide whether he can sell it or has to store it until the tenant comes back and reclaims it. Don't think those laws actually apply in your case but you might read up on them for your jurisdiction anyway. Many jurisdictions require a landlord to keep abandoned property safe for some period of time. After a specified period of time - and after having sent notice to the tenant, most jurisdictions allow landlords to sell abandoned property and to keep all or part of the proceeds to pay for storage costs. Others allow the abandoned property to be placed on the street. Others allow landlords to claim the property and do whatever they want to with it. Other jurisdictions may have still other rules. If you make sure you treat your GC at least as well as the law would require a landlord to treat a tenant who left behind abandoned property in a rental unit, then even if the GC got upset enough at you to file suit, the court would probably determine that you had made a good faith effort to treat your GC fairly. Typically where no law precisely on point exists, courts use the nearest applicable law as a guide and they try not to punish someone who has tried to be fair in the absence of specific law on point. So, I think you'd be okay if you followed the landlord tenant rules. In other words, give your GC the same written notice that you would have had to give if he was a former tenant and you were the landlord... including an inventory of items left behind and a specified date by which he must reclaim the stuff. Then, follow the landlord tenant laws in disposing of any property he doesn't reclaim. Hardly seems fair that you should have to go to so much trouble but the last thing you need is to give him any possible basis for winning a lawsuit against you. Personally, if it were me, once I knew for a fact that I wasn't going to wind up facing liens for unpaid materials that my GC had wrongly delivered to my property, I'd want to get some friends together to load all the stuff into a pick-up and then unload it - perhaps none too carefully - in the driveway of his personal home in the middle of the night! But that probably wouldn't be the smartest thing to do. Best of luck....See MoreOur GC is faster than we expected !!
Comments (7)Actually the quality of their work has been great and they haven't cut any corners that we know of. We stop by every day to see what was done and I talk to the GC every day or so. He has been great returning calls and answering questions. I know how the construction business works (I am in the Commercial HVAC side of things) and I am still waiting for something to go sideways as they always seem to. The hardwood is actually sitting inside the house "adjusting" and they will start to install it Monday or Tuesday (so 5 or 6 days it will have been acclimate). As for the money that can be the farthest from the truth. Our GC just put in his first draw on our construction loan at the beginning of February (3 months after breaking ground). I kept asking him when he was going to put a draw in. We weren't complaining as it saved as a lot of cash as we are paying the intrest only until the house is complete. I think it has more to do with getting the winter work done so he can start on his next projects. He told me he has 10 months of work lined up already and waiting for spring to come along. Other GC's are having troubles getting work and he seems to be very busy. Our biggest complaint would be that we have to make decisions a little quicker than we thought. So far we have made the right decisions....See MoreWe're In but now our GC wants to lien on our house!
Comments (25)Kats, that is some real chutzpah. I feel for you. We've been in our home for a little more than a month after a 13-month build (that was only supposed to take 9 months) - the delays were excruciating because they would have been avoidable by someone with even a modicum or organizational ability, which our GC does not have. He's a lovely guy on a personal level but not nearly as good a contractor as he thinks, and we sorely need a break from the unrelenting pressure. He still has not finished one major item - two sets of steel stairs that go from our rear porches to our rear terrace, as well as several small punchlist items. There's always an excuse. He's disorganized, but resents it when we step in to organize, or take any kind of action to impose a deadline - this from a guy who is routinely hours late to scheduled meetings and never met any deadline in the construction process, even ones he imposed himself. Our new theory this week is to give him whatever time he needs (within reason) but to limit his intrusions into our home life to one day a week, arranged in advance, with a "one hour" rule - if he's not here within an hour of when he is supposed to be he has to wait until the next week. Apparently that is being just as "mean" and "difficult" as complaining about unmet deadlines - he thinks we should be there 24/7 for him to do what he wants, or we should just give him a key and trust him, in any event on his schedule. No way - he has needed watching every step of the way. We've done way more than our share of work that he should have done - I feel for you there too. He's been inches away from being fired more than once on this job, and we've talked to a construction lawyer several times about really contentious issues. In the end, even though we have the cash leverage (we still owe him more than our 10% retention, primarily because he's too lazy to do a requisition), it just hasn't been worth it to fire him. Assuming that you don't need clean title for a takeout of your construction loan, it sounds like you have little to worry about. I don't have huge faith in the court system, but even then I find it hard to believe that a judge would buy his argument that his subs are not under his control. Also, if he's not done, how in the world could he be owed a completion bonus? The courts are always a risk, but in this case it seems to me a pretty small one. If you do have to close any new financing that requires title work, you may need to think about it a bit more strategically. Do everything you can to get your loan closed without a lien being recorded. Otherwise, my advice to you is the advice I have a hard time taking myself. It's only as big a deal as you make it. So hire a lawyer and instruct him or her to deal with it in as cost-effective a manner as possible. Then let it go and enjoy your new house....See MoreGC made a little, very expensive, mistake - Advice?
Comments (27)Thanks again for the positive feedback! DH and I met with the owner of the restoration company yesterday, so I thought I'd post an update. I've definitely learned an important lesson. This is the gist of our meeting. 1. The stain can be removed without damaging the logs. He sampled an area with his alcohol based stripper and it looks great. He applied the stripper with a paint brush and then scrubbed it with a scotch brite pad. The stripper is what furniture re-finishers would use. No water, no sand blasting, no sanding. 2. None of our logs were prepped properly (i.e. not all the gray wood was removed before staining). This is actually evident if you look at the "finished" bear paw log. The bottom of it still has gray staining. They will fix that on the inside and outside. The special brushes they use remove the gray wood without affecting the handpeeled logs (he demonstrated this in an area too- osbourne brushes - it's amazing). 3. The outside of our house did not have enough stain applied. This would have led to problems within 1-2 years. They are going to apply another heavy coat of stain. 4. Minor flaws in the logs from transport were not repaired. They are going to fix this too. Anyway, I think this is another example of the need to hire good, experienced, and well-trained trades. The painter who finished our logs is a good painter, but he has never finished logs before. Our contractor has never built a house like this before, so even he didn't know what kind of skill was needed to finish these logs. Obviously, DH and I didn't know any better, or we would have insisted on this restoration company to begin with. However, thanks to that "mistake", the right guys for the job are here and I'm going to have a beautifully finished house! Pay for good work everyone, it will save you money and hassle in the long run. Luckily, I feel like DH and I are following this advice with all other aspects of our build....See MoreJoseph Corlett, LLC
8 years agolast modified: 8 years agoaliceblois
8 years agoweedyacres
8 years agoJoseph Corlett, LLC
8 years agolast modified: 8 years agoUser
8 years agoMongoCT
8 years agoMongoCT
8 years agoblfenton
8 years agoaprilneverends
8 years agolast modified: 8 years ago
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