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Home builder delaying construction due to wrong windows ordered

Whitney S
last year
last modified: last year

Our new home is currently under construction and the wrong color windows were installed by our builder. They have told us that the mistake was on behalf of the window company and now we have two choices: 1. Keep the current window color and get a $1,000 credit. 2. Re-order the correct windows and delay construction at least 6-8 weeks.

So far I have not been able to get ahold of our GC or sales rep to confirm what actually happened with the window order, but neither of these options seem acceptable to us. Only communication has been through text and they will not return my calls which of course we are not happy about. We are struggling to discover what actually happened because 2 windows were not delivered and installed leading us to think that maybe this order mishap was really at the fault of the builder. They could have left those windows off the order and are now trying to blame the wrong color being delivered on the window company. We will not be keeping the installed windows because they will not match with the color selection for our painted brick exterior. We simply want what we ordered and their problem with the window vendor has now become our problem to deal with.

Here is my question for those who have more construction experience than we do. The builder says that construction must halt if we order replacement windows because they cannot proceed to pass inspection or brick the house without windows. Is there a way for them to leave the current windows installed and proceed with work on the house while the new ones are being ordered and replace them once they arrive? What are our best options? I also question why the windows were delivered and signed off for last Thursday/Friday by the builder, but it took 3 days and me contacting them on Monday for them to actually realize that the wrong windows were installed/ordered.

We were scheduled to have a frame walk with the builder on Thursday to sign off on work up until this point, but I have notified them that this meeting is cancelled and instead we will not be signing off on anything and addressing this situation. We are in a rental house, and fingers crossed that our landlord would allow us to go month-to-month on the lease. We are at their mercy in that regard as our lease officially ends at the end of February. At that point our rent will increase an additional $300 per month, so this delay will not only cost us additional money and potentially leave us "homeless" if our landlord is not flexible. Our original scheduled completion date was the end of March.

Any and all advice on how to keep things on schedule while they order the correct windows would be great. I believe that I will be asking for some additional form of compensation if they cannot stay on schedule, but of course the contract we signed is in the builder's favor in regards to delays.

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