Trying to avoid builder overages
Mauro Zammarano
2 years ago
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Patrick A
2 years agores2architect
2 years agoRelated Discussions
Contractor Asking for Overages after Signing Contractor Affidavit
Comments (13)So, it is now four and a half months after we closed on the house and the contractor just informed my husband today that he is going to sue us. My husband told him to go ahead and try. We met with our lawyer this past week after the contractor started calling again (he needs more money since he didn't pay all the suppliers and they are now placing liens against him and are going after him criminally). The lawyer reviewed our contract and says that since the contractor signed the Contractor Affidavit (stating that he has been paid in full and has no rights to any more payments, liens, materials, etc). AND because he never produced change orders for the changes in question, we should be off the hook. Of course, we will see what his lawyer says about all of this. We are prepared to countersue if necessary. We have had cracks in walls that keep re-appearing after the contractor has come back to fix them multiple times. Hired a structural engineer this week and he showed me that the foundation was not done correctly. Basically, we are going to have to jack up a portion of the foundation and install more beams. Additionally, discovered that he did not do the soil compaction to the specs in the contract nor the envelope of the house. We have discovered multiple breaches of contract (did not use spec'd materials but instead used cheaper materials and charged higher price, etc). This is turning into a nightmare. Have you ever heard of a contractor winning a court case over overages for which there was NO change orders and that were not brought to the owner's attention until AFTER the closing?...See MorePotential builder trying to talk us out of salt water system!
Comments (36)"racket, I think you've made your opinion clear. Now if someones has a leak at the equipment, or the tile is falling off or the deck cracks or a liner rips or a scottish terrier drowns in a pool you can say 'I told you so'. " We sell salt systems, but do with reluctance and caution. Many builders up here are in the same boat. I am not sure the premise of your post, but its kinda dickish. My intention was to educate on real world issues I have had with salt, not anecdotal tales. We don't have a pool store so we lose money by not selling salt. "Bought/Used about 100 lbs of tabs and 40 lbs cal-hypo and 25 lbs calcium, 75 lbs of alk up, 50 lbs pH Increaser. Rough cost $800/yr " 40# tabs $80 at costco 50# calc $30 50# bicarb $30 each or $60 50# soda ash (not needed in a gunite pool) $30 $200.00 $800.00 for 4 years. Salt system installed plus salt = $1,500 After 2 years circuit board fails, pay $400 installed. After 3 years flow switch goes bad pay, $200 installed After 4 years cell dies, pay $700 installed. $2,800 for 4 years plus you need to still buy chemicals mentioned above. This seems to be about par for the course. "Truth is pool treated with chorine burns eyes,with SWG swim under water all you want with your eyes open,no problem...." I have been in hundreds of commercial pools over the past year, and the skin/eye irritation occurs in both types of pools. Not completely true. This has to do w/ pH level more than what the water is being sanitized with. The salt helps a little bit. I don't think that salt system should not be installed, but I feel that care should be taken when it comes to the design of the pool, and what types of materials are used. I install them on 1/2 my pools, but if the pool has a automatic cover I won't warranty the damage from the salt after 1 year....See MoreHow to avoid a neighbourhood war?
Comments (14)Oh dear, Woori, I really feel for you. I lived next door to the "neighbour from hell" for years. The main bones of contention were (a) our refusal to let her dog "play" in our yard (its idea of playing was to chase our cat and try and kill it - she thought the answer was for us to get rid of our cat) and the temerity of us to try and grow shrubs in an attempt to screen her view from her high set kitchen window - looked straight onto the side of the house where our main entrance was located. It wasn't so much that she could see everything/everyone, but she started abusing our friends, as well our young children. After considerable pruning/hacking on her part (unfortunately you seem to need witnesses for a successful action for trespass/malicious damage), we put up a timber screen - which she tried to demolish as we were building it. She also used to throw things over the fence - her garden prunings, rubbish off the street, etc. My daughter, who was about 6 or 7 at the time, was having a picnic lunch in the garden with her girlfriend and madam threw a beer bottle over the fence which hit the friend on the head!! Luckily, no damage to head but it could have been very nasty. After many years of putting up with her, I came home one day to find a huge mass of prunings thrown over the fence at the front of the garden. I was so peeed off!! Went to trusty printer and printed up a very clear sign which said "Mrs Wright throws her rubbish into my garden", fixed it to a garden stake and hammered it into the front lawn in the midst of the mess. I got a letter from her solicitor threatening me with defamation (he should have been threatening libel - some solicitor) if I didn't remove the sign. On the Chamber of Magistrate's advice, I wrote to the solicitor telling him I would remove the sign if madam desisted from "the following actions", which comprised a list three pages long. The sign stayed there until it more or less fell to pieces, along with the rubbish (now that took determination). We finally decided to sell the house and move on. I now have two rental units next to me and have had partying young people, couples with major domestic problems, a couple of leases to drug addicts, and one lot of very noisy and messy petrol heads. But compared with madam, truly wonderful neighbours. Re the Chamber Magistrate - in NSW a solicitor (who has a chamber in the courthouse??) employed by the courts to offer legal advice but does not actually take on cases. There is no charge for the service. I guess there is a Victorian equivalent. After tearing my hair out with police, council officers, paying solicitors to write letters, etc., I found the Chamber Magistrate very helpful and sympathetic....See MoreExceeding builder allowances
Comments (16)Our building quotes also included "allowances". Before we decided on a builder we went to the contractors/businesses they used, with our floor plan, sat down and got an independent quote on specific items. We did this for granite, windows, door and kitchen/bathroom cabinets. We went with builder grade and made choices we thought were very reasonable ie) kitchen drawers can come with stainless steel siding or a cheaper wood. We went with cheaper wood to keep costs down. Drawers and pull outs in a cupboard cost more, so we chose where we wanted them them the most ie) for larger things such as flour and sugar. Granite- we chose a colour a little greyer than we wanted because it was cheaper . Windows...I was set on having black...must above all else have black inside and out.....we've ordered WHITE. Do I regret this..maybe a bit. But it was amazing how black windows snowballs into black garage doors, trim work, down spouts which all require additional painting and push back time which equals money out of our pocket. Not to mention the windows them selves were much cheaper going with white. IE) our "allowance" for windows and doors was 20 grand...if I got what was in the plans as specified it would have in reality cost 29 grand plus hardware after meeting with several different window/ door people. I was willing to pt the money out on the windows but not the extra on the garage doors and the custom down spouts and the extra 3 week lead time to have it all painted. After meeting with all these people independently we realized the "allowances" are bare minimum. We would have ALWAYS gone over. Meeting with the trades and kitchen/cabinet places before hand allowed us time to re-evaluate and come up with better ideas that meet the budget...mostly. Our house looks nothing like what I had in mind at the start aside from the floor plan. The house is ever evolving, I equate it to being very drunk. You have a destination in mind but you cant get there in a straight line....See MoreUser
2 years agodan1888
2 years agoCharles Ross Homes
2 years agoMauro Zammarano
2 years agoMauro Zammarano
2 years agoJeffrey R. Grenz, General Contractor
2 years agoBT
2 years agoCharles Ross Homes
2 years agoMauro Zammarano
2 years agoMauro Zammarano
2 years agodan1888
2 years agolast modified: 2 years agoelcieg
2 years agoScotty D
2 years agores2architect
2 years ago
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