I have a gutted property that needs loads of custom cabinetry. Help!
Paul F.
2 years ago
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Help please! My GC abandoned property...I need advice!
Comments (6)Definitely on your side on this one! Was your contract on a cost plus basis? If so, there is a darned good chance you bought and paid for that stuff and I would insist that the builder provide me with proof to the contrary before I would let him take it. Even if your contract was a fixed price deal, if your GC is as lousy as you say and there is no "paper trail" regarding these materials, there is at least some chance your GC never paid the supplier for them. And the worst of it is, if an unpaid supplier delivered that stuff to your site or was even told by your GC that it was for your build, the supplier can put a lien against your property! (The time limits for filing M&M liens vary by jurisdiction so, depending on where you are located, you may be safe, but I would definitely check.) If the time limit for filing an M&M lien in your jurisdiction is more than about 3 months, before I would even consider letting the GC pick the stuff up, I would call around to any local suppliers who might have supplied the materials to try and find out who supplied it and whether they had been paid for it. IF someone says they supplied it and haven't been paid, ask for a copy of the delivery invoice. Do not let your GC pick the materials up. Instead, send the supplier a certified letter (with a certified copy to your builder) saying the materials appear to have been mis-delivered to your site and that the supplier needs to come reclaim them. Then, get a receipt for anything and everything picked up by the supplier. Now, assuming the time for filing liens has passed, and your contract was a fixed price contract, then PROBABLY the stuff legally belongs to your GC. He should have cleared it out before you moved in. And in all fairness, by this point, you OUGHT to be able to charge him a storage fee for having had to deal with the junk all this time - but as I'm sure you'll agree, the chances of ever getting any money out of him for storage are probably minimal. Much as it would feel good to try and make him pay for dumping this one last hassle on you, if he wants to reclaim the stuff there probably isn't any point in wasting yet more time and psychic energy on the b**tard. Unfortunately, I can't think of any law that seems to apply to your situation. The closest laws I can come up with are abandoned property laws governing situations where a tenant leaves behind personal property in a rental unit and the landlord is stuck trying to decide whether he can sell it or has to store it until the tenant comes back and reclaims it. Don't think those laws actually apply in your case but you might read up on them for your jurisdiction anyway. Many jurisdictions require a landlord to keep abandoned property safe for some period of time. After a specified period of time - and after having sent notice to the tenant, most jurisdictions allow landlords to sell abandoned property and to keep all or part of the proceeds to pay for storage costs. Others allow the abandoned property to be placed on the street. Others allow landlords to claim the property and do whatever they want to with it. Other jurisdictions may have still other rules. If you make sure you treat your GC at least as well as the law would require a landlord to treat a tenant who left behind abandoned property in a rental unit, then even if the GC got upset enough at you to file suit, the court would probably determine that you had made a good faith effort to treat your GC fairly. Typically where no law precisely on point exists, courts use the nearest applicable law as a guide and they try not to punish someone who has tried to be fair in the absence of specific law on point. So, I think you'd be okay if you followed the landlord tenant rules. In other words, give your GC the same written notice that you would have had to give if he was a former tenant and you were the landlord... including an inventory of items left behind and a specified date by which he must reclaim the stuff. Then, follow the landlord tenant laws in disposing of any property he doesn't reclaim. Hardly seems fair that you should have to go to so much trouble but the last thing you need is to give him any possible basis for winning a lawsuit against you. Personally, if it were me, once I knew for a fact that I wasn't going to wind up facing liens for unpaid materials that my GC had wrongly delivered to my property, I'd want to get some friends together to load all the stuff into a pick-up and then unload it - perhaps none too carefully - in the driveway of his personal home in the middle of the night! But that probably wouldn't be the smartest thing to do. Best of luck....See MoreDo I need my appliances prior to custom kitchen cabs install?
Comments (6)You need the appliances, but perhaps not on site. My cabinetmaker insisted that the fridge drawers, dishwasher and hood be delivered early so he could take real world measurements on the exact models (inc. where the plugs were). He also went to the appliance store to measure the coolers and ovens on the showroom floor. The cabinets were then installed and the appliances were instealled, then the cabinetmaker came back to finish the panelling of the appliances. The reason for having them on site, however, is if there's any question about the fit. If you didn't have the appliances when the cabinets were made, they may need to be dry fitted before anything gets installed to make sure everything is just right....See MoreNeed to figure out best layout without gutting the kitchen
Comments (50)I looked into the single column refrigerator and moving the stove where the fridge is now - we would only have 6 inches of counter next to the stove if we did that. And yes the table would be half in the sunroom half in the kitchen. Ugh. We have been talking this through (a lot!) and my husband wants to look into the idea of taking down the dining room wall so we don't lose the sunroom. If we do that we lose the 'L' and would have a one walled kitchen with an island. We'd only gain about 10 inches of counter on the sink wall since there's a large window just beyond that wall - but I was thinking we could move the sink to a (new) island and put the stove on the current sink wall. Maybe I'd even get a vent hood out of this :) This would make the space so bright since we have a huge bay window in the dining room. I'd like to keep the table and size of eating space in there as is so we'd have plenty of eating space and still kind of a dining room for parties. If we kept everything else in the layout the same (glass cabinets, fridge and pantries) but got a new longer island that extended to where the dining room wall is now I wonder if that would work. I asked a contractor previously and that wall is not load bearing. Think it'd be realistic to keep our existing cabinetry with the exception of the island? I have a black pottery barn hutch/secretary desk in the dining room I could move over where the current kitchen table is now. That wall has our only baseboard heat so I'd rather not put cabinets over there. Here a pic of the dining room - the kitchen stove wall is behind that hutch. Should I redo the floor plan to include dining room?...See MoreCustom Build - Getting Quotes - What do I need to Bring?
Comments (64)@Sincerely Kristen. My husband and I are now in the process of looking for a piece of land to build our dream home as well. I am on the same boat as you where I want to get a ballpark estimate with my rough drawing and to speak to builders to get a sense of what is realistic. In my mind, I want what I want in my dream home in terms of look and feel with all the bells and whistles. When purchasing a piece of land first, there is no guarantee my dream home can be built on that land. Unfortunately, as others have pointed out, unless there is an approved plan, the builders really won’t entertain the idea. I spoke to a builder who knows the listing agent for the piece of land I was going to purchase so he gave me a very rough estimate based on what I told him I want to achieve. The real estate agent is looking for something built for themselves so they shared with me some figures as well. I am not sure what area you are from but if you message me I am happy to share with you what I learned. I am looking for something in the Orange County area in NY. I am completely with you on wanting to know all the details first but in this market I doubt they will spare their time in speaking with prospective customers like us. Hope this helps....See MorePaul F.
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