Is this a true custom build or did you pick one of the builder's plans and change it?

Don't worry about the "algae". Things get wet during a build. Mold stops growing once the conditions for moisture are removed. It's very common for framing materials to get wet and start to grow something. You can leave it alone or spray a bleach/water solution on the affected materials. At this stage, it's not a biggie.

If you are building from a plan that you purchased on line, it takes an experienced builder to interpret these types of plans. I've been through this exact process. As you have experienced, using these types of plans can lead to errors in the framing stage. Yes, you will pay to correct the framer's mistakes. Fix what is wrong. Do it now because it won't get any better.

Get the GC to call the framer's back to fix your elevation. Just be flexible and realize that there may have been a good reason for the change. Ask questions.

You have learned a very expensive lesson. Watch your build very carefully. Don't be afraid to ask questions or speak up if something doesn't seem right. The one thing that I can guarantee is this won't be the last mistake.

You had a plan designed, and jettisoned it in favor of a mill plan that a builder built? That the mill plan architect wouldn’t provide approved alterations to it? So the builder did it?

If you are able to get a timeline of the build that would be helpful. On big installs in which you want to have input, be onsite as much as possible. This should enable you to stop work in which you see a "mistake" before it gets too far along and too expensive to fix. Speak directly with the GC regarding any concerns, not the subs.

"We spoke to the builder and he acknowledged it isn’t the same... I am completely perplexed why it wasn’t done according to the plan?"

This is a question for the builder. Did he say why it wasn't done according to the plan? What did he recommend for the remedy?

• "He gave us an amended plan (same designer’s name for the chosen plan).
• The plan we chose was done with a classic, simple roof line..."

Did you and the builder both sign off on the amended plan? Is the amended plan in your contract / is your contract based on the amended plan?

It sounds like you're expecting too much, and for not a lot of money. This is what I'm understanding...

-You couldn't wait for the person who designed the stock plan to respond to your need for changes?

-So, you saw a house like the one you wanted, and asked the builder who built that one to build one just like it for you, but a "little" bit not?

-How do you know the house you saw was the same as the one you want? Did you go inside, measure the outside, study every window, and every interior space? This could very well make for different windows than you imagined.

-You want the builder to substitute a gable for a dormer? That's a whole different roof line. IMO a huge adjustment. And the builder has no drawings for that? How is he supposed to build it without drawings?

-If the builder amended the plan, how do you know it was the same plan you originally wanted? Dimensions could have been changed.

-Did the model home have a back patio? A pantry? Eave windows on the gable front that weren't a feature on the original design?

Waiting for any kind of real estate right now is a necessity. The original designer of the plan may well have had a big backlog. So, yes, patience is required right now.

Furthermore, in order to build a house using the original plan you like, presumably you'd have to make changes so as not to violate copyright? In other words, you can't just take someone else's plan without compensation: there would have to be significant differences. This may explain why your house doesn't follow the original: it can't legally.

You had a plan designed, and jettisoned it in favor of a mill plan that a builder built? That the mill plan architect wouldn’t provide approved alterations to it? So the builder did it?

If so, that's called copyright infringement and the architect can sue you and the builder for compensation.

So are you working with the tripple A plus 30 year builder or did you switch to the builder who had built that house you liked?

Thank you all for your comments:

This is the third home we have built. We are familiar with the process. We took 3-4 years to plan this build. We are committed to doing things legally.

We spoke w the original architect (and his office) several times and by phone (at length) and by emails (which I have kept). We were ok with waiting on him - this was a lengthy process for us. If he was backlogged, he just needed to give us an honest reply, not vain promises that he did not hold to on more than one occasion.

When we saw the house we confirmed it was his plan, purchased legally. The plan has the architect’s name and information.

Yes, the dimensions of the entire house are the same.

The builder is a custom builder, he does not do tract homes. We only went with him after we confirmed the plan was legally purchased.

We spoke at length to all parties about the change to the elevation. We were willing to not make the elevation change if it was not possible. The elevation changes were accepted as doable by the architect and the builder.

Yes, it’s bizarre.

Thank you, @homechef59, for the helpful advice going forward.

@User It sounds like you yourself didn't pay for the plan. The builder may have purchased it or had access to it for another client (and thus had the originator's name on it), but that doesn't make it yours or give you a right to use it, no matter you exchanged emails and spoke on the phone.

Not having the express right to use it from the originator would indeed be a copyright violation.

I seriously doubt someone who is in the business of selling plans would let you use one without compensation.

The delay with the originator may well reflect lack of interest in selling you the plan, for instance, if it was too much trouble. I'm sure s/he has loads of business right now, so there's plenty of scope to pick and choose customers.

Seems to me they should have indicated that to us.

The onus should be on the professional to do their jobs openly, legally, and with integrity. That’s what they’re paid for isn’t it?

ksalle7, You are welcome. We modified our stock plan, too. At the suggestion of our builder, we added an additional four feet to the back of the house, we moved or changed lots of windows, I completely redesigned the kitchen layout, laundry room and panty. We changed at least a dozen other things. Don't be afraid to modify things.

When you buy a home plan, you are only buying the use of the plan for a single build. Not an entire subdivision of the same house. To actually purchase the ownership of the intellectual property embodied in the instruments of service “plan”, and not a one time use, requires a MUCH larger fee. This is why the architect declined to perform alterations on the plan. Neither you nor the builder own the rights to build the plan. Nor to alter it.

Building the plan a second time, without purchasing it from the architect, is intellectual property theft. The architect may or may not decide to take it to court.

To get the next resolution to the design issue that you are currently experiencing requires the design input from the original architect. That means throwing yourself on his mercy, and at a minimum, paying for the plan, and for alterations of that plan. It may also mean throwing the builder under the bus later for stealing the use of the plan. He still may decide to include you in the lawsuit, but if you’ve handed him money, it’s much less likely.

It was our understanding there was a multi-use purchase.

Money cures all.

Have you paid the architect of the current plans anything at all? A design deposit to create the alterations that you wanted? (I don’t see how you’d expect work to occur doing that without some form of advance payment.)

Get with the architect who created these plans. You need their involvement now, and you need their continued involvement with construction oversight services. That comes at a cost.

This builder isn’t as talented and above board as you thought. He has misappropriated property, and has misrepresented facts to you repeatedly. You’re going to end up with a lot of issues without some design help and oversight here.

Op have you met with the builder to discuss this? Request a 911 meeting with all parties (you, spouse, builder) and follow up with an email after the meeting reinforcing the outcome. Mistakes happen and it just has to get fixed.

Why not assume that the builder bought the plan with a license for multiple usages? They do sell those.

Or, assume that the owner purchased a plan sold on line for their one-time personal use. I bought one of those, used it and modified it significantly.

I doubt the designer ever intended their design to be built unmodified once they sold it on the internet. The license is for one use and unless it specifies no modifications, it is subject to modification without need of permission or additional fees.

I think the original poster did due diligence, made contact, requested modifications and the original designer failed to respond or provide a solution after multiple attempts. This license owner could not use the design in it's original state and their purchase was useless to them without modifications. The designer certainly wasn't offering to refund the fee for the design. The failure to respond freed the purchaser of the design to proceed with modifications as they deemed reasonable in order to utilize their purchase.

I hope they enjoy their new home once they get the framing issues resolved with their builder.