We are currently having to rebuild. We lost our home to a fire.
Cyndi Tidwell
5 years ago
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Judy Mishkin
5 years agoCAGE Design Build
5 years agoRelated Discussions
We're firing our GC -- please advise!!
Comments (14)oh michoumonster, I have been in your shoes so this is experience talking... 1) Review your contract with your attorney to make SURE you follow whatever requirements it has for termination. 2) Also have your attorney review every single you or your builder has ever signed that is related to the house or the land it sits on...including loan documents. Among other things, you want to make absolutely sure your builder doesn't hold a "residual lien" against your home. A residual lien can come into being where the amount your banker agreed to loan you to build was less than your contract price so that you were going to make up the difference out of pocket. In such a case, the lien documents may have been written so that you gave your builder a lien for the full amount of the build then your builder assigned a portion of that lien (the amount of your loan) to your bank. The unassigned part is called a residual lien and, when you gave your builder money directly out of your pocket for that amount, he should have given you a lien release. If your builder doesn't give you a lien release for a residual lien he holds, you'll have a major problem. Since you have an attorney, just mention the possibility to him and ask him to make sure the builder doesn't have a residual. Your builder might not think to check for a residual lien but once you mention it, he should be able to determine if one is in existence. 3) DO NOT WARN YOUR BUILDER that you are planning to fire him or even thinking seriously about doing so. Let your attorney guide you as to when and how to break the news to your builder. 4) Ask your attorney if he will go with you to your banker to discuss your options with regard to financing after firing your builder. Be aware that, as a general rule, your banker is under no obligation NOT to tell your builder that you are thinking about firing him. You MAY be able to impose a confidentiality obligation on our banker by raising the issue as a theoretical one on which you are seeking confidential FINANCIAL advice but that may or may not wash. I suspect tho your builder will be less likely spill the beans prematurely if your lawyer is with you when you talk to the banker. 5) Find out what your state's laws are regarding any mandatory warranties. If, for example, your builder completed the foundation and framing and your state has a mandatory warranty on those items, he SHOULD be on the hook for them even if you fire him before the house is completely finished. But, be aware that even state mandated warranties won't do you one bit of good if your builder declares bankruptcy and gets the bankruptcy court to discharge his warranty obligations. A warranty is only as good as the entity granting the warranty so I wouldn't let trying to hang onto my warranties stop me from firing a crooked GC. 6) Get a good digital camera and digital video camera and document EVERYTHING about the status of the house before you fire the builder. Be sure the time and date stamp on the camera is set correctly. Take about a gazillion photos from every possible angle, close-ups and wide-angle shots. Do one room at a time and stick labels to the walls so that you can know exactly what room and which part of each room each photo is a picture of. Don't forget to photograph the outside of the house and the attic and basement areas as well. Do not let there be a square inch of the house and grounds that doesn't clearly appear in at a couple of photos and videos. Upload everything to your computer and then save it all on CDs or DVD (it'll probably take several) in case your hard drive should fail. And give copies of everything to your attorney. 7) Check with your insurance agent about getting insurance on the partially built house to cover any vandelism that should occur after you fire the builder. You also want to make sure there is PLENTY of liability coverage in case someone should get hurt while on your property. 8) Print out copies of every email you have ever sent or received from your builder (along with every attachment) and put them all in a notebook then give the notebook(s) to your attorney for safe-keeping. If you should wind up in litigation, the courts will expect you to have kept all those documents and not having them could be held against you so save EVERYTHING. Finally, be prepared for a long horrible slog through a legal and financial minefield. It is going to put more stress on your marriage than you would believe. So, make a pact with your spouse that regardless of what happens, the two of you will NEVER EVER EVER blame each other for the mess. Nobody who hasn't been thru this can possibly understand just how bad this can get. If you and your spouse cannot be totally supportive of one another, you very might be better off just letting the crook finish the house - as cheaply as you possibly can - then put it on the market and sell it as quickly as possible to cut your losses. We fired our GC 3 years ago this month. We are only now finally reaching a settlement (still unsigned) with our builder that will result in him releasing the residual lien he holds against our house. We spent the remainder of our construction loan plus another 20% to get the house finished to a point where we could move in and we estimate that it will cost us another $30,000 to finish the things that still remain undone that were supposed to be part of the turn-key build. And we accumulated $20,000 worth of attorney bills. We have foundation problems that will cost about $18,000 to fix and SHOULD be covered by a 10 year statutory warranty from our builder but he has transferred all his assets to his family and declared bankruptcy so.... DH and I are still together and our lives are slowly getting back to normal but he is an absolute saint. I cannot imagine having survived the last three years without him at my side. If you click on my "My Page" link you can email me off line if you want to know more....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 MoreDo we love our new build homes because we need to?
Comments (34)We "built" the house we live in now, tract home in new neighborhood, with some customization. House conversations with friends and neighbors always have regrets in there. Bump-outs, boneheaded designs we should have caught, upgrades that should have been made, upgrades that aren't worth it... the list goes on. Based on our experiences here, I already know there will be design / decor issues that will have D'oh! moments. It's impossible to think about EVERYthing. I think we've hit all the major points, and have enough flexibility to change in the future. Our lives changed quite a bit in the 6 years since building (the once large pantry is now crammed because I now do the majority of grocery shopping at Costco and that not change for at least 15 years for example). I can't see into the future, but we learned from this build, and kept the evolution of our family in mind with our design. 1) The architect/draftsman is only as good as the information provided. They don't know us, or live our lives, ( I wonder if there'd be a benefit to having separate design consultations with the clients, much like relationship counseling, to get a really clear picture, lol), which is why we rely on their education and expertise. 2) The reason copy editors exist: to catch the technical mistakes writers make, and can no longer "see" due to closeness to the project. Same reason med errors occur. I think when we originally like a design, then look at it, dream about it, obsess over it, we can't "see" the flaws or potential problems that others might. Hence all the floor plan critique posts here. I think too, that online and builder plans lull us into a false sense of security- "they design and build houses all the time, they're experts, hundreds of people have bought the design, what could go wrong?!" We found that customizing our builders plan threw them for a loop, and didn't realize it would do so, until after the house was built, and weird things weren't right; towel bar location, depth o linen closet, outlets, etc. 3) We are often playing on tilt. We're all living SOMEwhere, right now, and designing a new place to live, with many features that we love (or would love to have) or without the ones we loathe, those HTOD, that we obsess over in our current or past homes. Finally, the same way any artist of any medium does, we aren't always satisfied with the end result of a project. Sometimes you just have to be DONE, even if to your artists eye, you could have kept going. Having said all that, I know there's going to be some regrets, but hopefully -I believe- the joy will outweigh them!...See MoreLost on what we should do with the landscaping around our patio
Comments (13)Here’s where you look up your USDA zone USDA If you can answer some of NHBabs’ questions, you will get more suggestions and ideas here. If you can’t find any photos for ideas of patio landscaping you like online, or if the whole thing seems overwhelming, take your photo, and measurements of the patio and area around it, to a local nursery (not a big box store) and tell them you need a low-maintenance mixed shrub planting. Ask if they can help. Some larger nurseries have designers on staff who will create a simple design for you for free or for a small fee, if you are going to buy your plants from them. You can implement the plan over time if the budget doesn’t allow buying all at once. If you’ve never done this before it may seem daunting, but having some life and color around your patio will make it more enjoyable to use and will increase your property value....See MoreCyndi Tidwell
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