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Contract with Custom Builder

Terry
3 years ago

There have been many helpful comments on my other questions on discussion. I have posted parts of my contract because I am admitting I am (I think) not exactly asking for what I'm entitled to. I should've read the contract carefully and had an attorney look at it. I want to be fair to the builder but also get what I want at this point. I offered at the beginning to pay more for wanting to use certain things outside their suppliers or amend the contract if they needed to. I am a business person and know that every business has a right to make a profit on their work.


I have posted a few sections of the contract where I've gone off a bit. I have in Italics my questions on the things I'm not sure of.


Cabinets Allowance of $18,500. Kitchen and Bath Cabinets from builder design center selections. MDF - Choice of colors. I didn't feel strongly about cabinets so this wasn't a problem using their source

42 standard.


Granite - Kitchen and Baths from Standard Builder Granite or Quartz Selections ($35 per sq ft).

It does say builder granite. The problem here was their source asking $40,000 for a $20,000 job. But it doesn't say I have to use their fabricator. I can understand why they would want me to though to make sure they have someone who will do it right. Also, would you consider this vague. It says I have to use their stuff but doesn't say I have to use their installer.


Plumbing Moen Eva or Brantford t of this contract. Any finish. Elongated comfort height

commodes are included at no additional charge. Kitchen faucet Allowance $300 from Builder Selections. Tankless Water Heater.This is a bit ambiguous. I wanted more upscale stuff and they said I could go to Sig H. This is where the confusion with Sig. vs. Ferguson/Build begins. Another example below.


Appliances - allowance of $7,500 to be used as a credit toward appliance selections. Any additional amount will be the responsibility of the client. They sent me to Ferguson. I already have another post with the vagueness of this. If I go to Ferguson for one thing, doesn't that imply they are the builder's supplier for other things too?


Flooring LVP or equivalent in all rooms. LVP allowance $7.50 per sq ft. Tile allowance of $6.00 per sq ft. Shower wall at $7.20 per sqft and shower floor tile allowance of $20.00 per sq ft. For some reason, I got away with picking flooring that I wanted from outside the supplier's inventory. Their supplier will still do the installation and his pricing is good. I had to sign off on the materials I chose on my own but I have no problem with this. I think maybe I didn't get too much push back on this because it isn't specified in the contract.


I'm not looking for a legal opinion. I'm feeling a little uncomfortable now because I want to order a lot of bath things outside their suppliers. The main guy said we'd work it out. I'm thinking now that it's generous based on my looking at the contract more clearly.


So opinions requested on the above. Also, a question. Would you consider this builder custom? I own the land and specifically hired them as a custom builder.


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