Watch out for who may be coming your way
10 years ago
last modified: 10 years ago
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It's May, how is your build coming along?
Comments (53)Bevangel, Thank you so much for posting the gory details about your situation. It is a great service to all who read it, not only because others will now proceed with their "eyes wide open" but also so we can benefit from the solutions you've developed to deal with unscrupulous builders. I would SOOOO like to have found an attorney like you before we started building. I did all kinds of local and internet research, but in the end, I kind of threw up my hands and went about figuring out how to try to protect ourselves by structuring our contract and writing an intensive questionnaire asking many specific questions of the builders we interviewed. I even stated that their answers would become part of the final contract, and I stapled their responses to the signed contract. Ha...lots of good that did! Unfortunately, about 6 wks into our build, we found out that our builder had lied several times on our interview questionnaire in response to such questions as, "have you ever operated under a different business name?" and "have you ever been involved in any legal/mediation issues?" He had been the subject of a huge lawsuit that actually brought about changes in our Contractors State License Board practices/rules - granted, his situation was 10 years ago, and he claimed that it was unfair that he was still haunted by it, and that a "crazy lady was stalking him", etc, etc. Also, all of his recent references raved about his work and reported that they had come in on time and on budget and quality was excellent, etc, etc, but still it was/is shocking and infuriating that his former shady practices had been lied about, and had somehow slipped under our radar before we hired him. We came very close to firing him (and actually did but then rescinded) and now have all kinds of safeguards in place (most importantly, we have about 20% of the cost of our entire contract held until after we get our CO and final punch list resolved). We only have about 2 months to go with him and all has been fine for the past several months, but I still can't help but wonder each time we pay him or interact with him if he's telling the truth. I remember in the beginning before building even started, we had to have the City building inspectors come out to our property to review and make a ruling on something (not a minor issue, but a major thing), and the builder told me he was of the mindset to just do what we wanted to do without asking, bragging that he always "asked for forgiveness, not permission". DING, DING, DING! Warning bells should've gone off in my head, and I should've listened to my instincts. Anyway, I felt really stupid and extra angry about the whole thing because I had been so proud of myself for going through a lot of due diligence, writing my 2-page interview questionnaire and interviewing 4 builders, getting rock solid bids from all, being super specific about all our materials, etc, etc, etc. But, what I could not prevent was someone who has no problem lying, especially when it benefits him. In hindsight, I would have liked to have better legal help at the start, specifically a better contract in place. It is pretty frustrating that government agencies like the state contractor boards go around helping consumers get out of messes with contractors but don't really help prevent them in the first place. I looked high and low for a good boilerplate contract but couldn't find one...instead, we ended up agreeing to his contract with some major revisions, and now I see how vulnerable it left us. I believe this is an area where someone like you could both provide a great service and probably fill a potentially lucrative unfilled niche...writing contracts or providing good boilerplate language to help protect homeowners would be awesome. You could even probably sell these boilerplate contracts over the internet for the thousands of people who do not want to hire an attorney (and probably feel that nothing bad will happen to them anyway!) but want some protection. We feel especially vulnerable because we don't have a bank looking over our shoulder at each draw...we are funding this build with 100% of our own money. Yikes. Anyway, at this point (knock on wood) things appear to be on track. We are incredibly vigilant about getting lien releases at each draw, not only from every sub and supplier but also a blanket one from the GC, but who are we to know if he's just lying as happened in your case? This whole process is so fraught with opportunities for bad contractors to swindle innocent and helpless homeowners...it's pathetic! Anyway, thanks again for sharing your painful (but very useful to others) story. I wish you all the best and will eagerly look forward to seeing the progress of your home in future postings. Susan...See MoreIt's May, how is your build coming along?
Comments (69)I decided to finally post to this thread even though we're about at the end of our ropes. We're nearly done with the house. Trim guys finished last week. All we really have left is some electrical work, plumbing fixture installation, final coat of paint and the exterior grading, then of course the huge punch list. Mostly though we're just frustrated at the lack of attention we've received from the builder and the constant barrage of shortcuts all the subs are trying to take because they want to be done with the project and the foreman isn't around. We talked with the foreman yesterday and he outright admitted that he has no idea what's going on at our house because he hasn't been there in so long. Every day it's my husband's job to see what's been done wrong and have it addressed. DH has basically been the foreman on this job, so obviously the foreman we're paying doesn't feel like he needs to be there. We're nearing the end and I'm just dreading the battle with them over the final draw on the house. We know they and their subs are going to try to soak us for more money to cover all their mistakes when they were THEIR mistakes, not ours. We feel like we should be getting a discount for doing their jobs for them and I'm sure they're going to try to soak us for every last penny and I'm dreading having this discussion. At this point we just want these people done and out of our house and out of our lives. Hopefully soon. Very, very soon....See MoreYa Better Watch Out, Ya Better Not Pout, Santa C is Coming 2 Town
Comments (8)Oh, that is a really neat santa and globe decoration. Very unique--that sure would keep the kiddies on their toes! Love the items you collected together for you vignette, they work so well together. I have three of those ball shaped candle holders too--think mine were Avon many years back. You have me humming along now too--my humming sounds better than my singing! LOL Luvs...See MoreWatch out for this weed in your local nursery
Comments (11)Hi HJ. I dont know if they are a weed in Brisbane but here in Logan you cannot buy them any where. I tried to when we started on the garden as there were a few on our block and I though them very pretty but were told by Bunnings and others that they are not allowed to sell them. I asked why and the person went away to find out, and she came back and told me that it the seeds there are thousands on every tree and once the seed pod opens up they germinate everywhere as they are those fly away type seeds, do they call them winged, something like that. So after hearing that we make sure that all the seed pods are cut off our trees, actually we did it yesterday trouble is I dont know how we are going to get them off when the trees get taller but if we pick up the pods every season at least we will be doing something, and if there comes a time we cant well we will cut the trees down, as by then all the good trees we have planted will be so much bigger....Cheers..MM....See More- 10 years agolast modified: 10 years ago
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