Contractor dilemma on new ADU build on existing home.

last year

We recently contracted with a guy to build a new ADU attached directly to an existing home. The build is almost done and when I got onto the roof I noticed that the materials used and the design of the roof was not what was specified in the plans. The roofing notes on the blueprints for the roof specifically state "Sure-White EPDM" from a specific company but the materials used is not that, he used the cheapest materials for roofing, it's a flat roof so the notes specifically state for a particular type of material EPDM, we also noticed that the roofer didn't build the pitch correctly and put two scuppers instead of one with the water channels going directly into one scupper. We noticed that the roof isn't draining properly and it's got water puddles 3-4 days after a rain. I brought it to his attention but he insists that it's done correctly and that it will be ok. I disagree and we're about done with the build and should be coming up on our final inspections with the city inspector here soon. What should we do? Do we have any recourse and what would the best plan of action be?

Comments (6)

Krista Deng
last year
It sounds like the contractor has deviated from the plans and specifications for the roof of the ADU. This is a cause for concern, especially since the roof is not draining properly and has water puddles forming after a rain. It is important to address this issue before the final inspections with the city inspector.

The first step would be to review the contract that was signed with the contractor to see if there are any provisions that address deviations from the plans or specifications. If there are, then you may be able to pursue legal action against the contractor.

In addition, it would be a good idea to get an independent opinion from a licensed and experienced roofing contractor. They can inspect the roof and provide an unbiased assessment of the quality of the work and whether it meets the specifications outlined in the plans.

If it is determined that the contractor did not follow the plans and specifications, then you may be able to withhold payment or negotiate a lower payment to compensate for the cost of correcting the work. Alternatively, you may need to take legal action to recover any damages incurred.

It is important to address these issues as soon as possible to avoid any further problems or delays in completing the ADU. You may want to consult with a lawyer who specializes in construction law to help you navigate the process and protect your interests.
3onthetree
last year
The city is not a third party in reviewing what materials were installed vs the construction documents. It would actually be best to not have an final CO or Substantial inspection done until this issue is cleared up, because the contractor will use that as an excuse to not do anything.

A manufacturer's representative of the installed product can verify the workmanship as it relates to warranty, or a third paid party if there is no one for that. Whether or not your contract allows or doesn't allow equivalent substitutions doesn't mean it is worth your time or lawyer's money to have it replaced. You should have the person who spec'd your roof review the installed product to see if it is equivalent.
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Kendrah
last year
Almost all contracts allow ”equivalent materials” to be substituted for expediency or other reasons. Read your contract.

I have never had a contract say this and if I did, I would either insist it be taken out of the contract or I wouldn't sign it.

I don't know how much the cost of roof construction is but it seems you could spend that much or more in legal fees.

I agree it is prudent to hold off on the city inspection until this is resolved as not to muddy the waters between a job finished or not.
DeWayne
last year
Not building the slope correctly is your big issue. Focus on that.
chispa
last year
We did a custom build and crossed out the "equivalent material" wording in the contract before we signed it. Our builder didn't have a problem with that change. It didn't mean we weren't open to substitutions, just that they needed to be discussed with us and we could then make a decision together with the builder.
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Sabrina Alfin Interiors
last year
Who is the architect who designed the plans and did the specifications? They should be the one reviewing the materials chosen and also determining whether the roof pitch was done correctly. I'd bring them in ASAP.

Contractor dilemma on new ADU build on existing home.

Comments (6)

Krista Deng

3onthetree

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DeWayne

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