NEW HOME CONTRACT (Incomplete Construction) Construction Documents (Taylor, Howe: 2013, buying a home)

[78500902]

I signed a new home contract and was reading the following:

"
CONSTRUCTION DOCUMENTS: Seller shall complete all improvements to the Property with due diligence in accordance with the Construction Documents. “Construction Documents” means the plans and specifications, the finish out schedules, any change orders, and any allowances related to the plans and specifications, finish out schedules, and change orders. The Construction Documents have been signed by the parties and are incorporated into this contract by reference.
"

Does this mean that the Seller needs to provide me with the plans (blueprints)?

I previously approached him and he mentioned he couldn't give me the blueprints, but I am interested as I would like to know everything from the home just in case in the future I want to remodel it.

Thank you.

[a_guerrajr]

Custom home or tract builder?

I'm guessing tract builder, in which case they are not obligated to show you the BP.

[Htown2013]

Originally Posted by a_guerrajr

Custom home or tract builder?

I'm guessing tract builder, in which case they are not obligated to show you the BP.

True, but what would it hurt them to give a pdf copy of them? Would be so much easier for him in the future and cost them nothing but a few minutes of computer time.

[Strannik33]

Construction documents include drawings and specifications, which are often quite voluminous. The builder does not own the copyright to them and is not obligated to provide them to anyone. If you really want to get a copy, ask to see them in the contractor's trailer and jot down the name of the architect, who could print you a copy (charging you for printing). You can also see a hardcopy of those at the building department's office, where they've been submitted for approval.

[a_guerrajr]

Originally Posted by Htown2013

True, but what would it hurt them to give a pdf copy of them? Would be so much easier for him in the future and cost them nothing but a few minutes of computer time.

It all depends, hence why I ask if OP is doing a custom build or just buying a home from a tract builder.
Example, I'm building right now with Taylor Morrison. There is no way they are going to provide me BP upon request. The construction mgr may show me rough drawings for planning purposes but as mentioned they don't want their design's shared and in most cases it is a 3rd party that owns the rights.

If OP is doing a full custom build, then naturally he would own the BP if paying for the service.

So my assumption is not custom.

Tip for OP is either have the house photo documented so you can have full visual historicals of what is where and that will help in future repairs/remodels.

[lunetunelover]

There are two ways to get the plans:

1- as mentioned above, visit your locality building department and ask for a copy (there will be a charge).

2- there is a copy of the plans kept on site for permit review as things get done; I took it out one night, ran it through a copier (we have a large scale copier in our office), and replaced it the same night.

The second option can have pitfalls (lol), but it worked for me.

As noted above, technically the engineer/architect "owns" the plans and the contractors don't want to simply give a copy away even to the home's new owners.

[jenfarm_]

If this is a tract home, you most likely won't be able to obtain copies of the blueprints as they are property of the architect. This is what we were told when we built our cookie cutter home and I believe that is pretty standard. You should be able to obtain a copy of the basic floor plan though. We have that with our home documents.

[78500902]

I mean it is only a 5 home development, but it could be considered a tract builder...

I don't mind buying the prints, but I was more looking into the contractual document where it states "construction documents". I am trying to understand if the plans are included in these documents and therefore I can demand them, or if not I will try and talk with them to get a copy (through the office or through the site workers) and last option will be to buy a copy I imagine in Harris County (also trying to figure out which department does this).

But thank you for the feedback!

[escanlan]

Originally Posted by 78500902

I mean it is only a 5 home development, but it could be considered a tract builder...

I don't mind buying the prints, but I was more looking into the contractual document where it states "construction documents". I am trying to understand if the plans are included in these documents and therefore I can demand them, or if not I will try and talk with them to get a copy (through the office or through the site workers) and last option will be to buy a copy I imagine in Harris County (also trying to figure out which department does this).

But thank you for the feedback!

First you would need to know if you are in a municipality or your County/Municipality Extra Territorial Jurisdiction (Unincorporated/ETJ) to determine what permits if any are being issued for the build. Then go to their WEB site and look for the Development Services department (typical name/department). Under them would be the Building Inspections Department/Plan Review department if they have one. That department will list the requirements the Builder is to follow for the submission of plans for the build. You can contact that department and inquire how you can obtain a plan set.


This second option is better. However instead of removing the plans just take a camera and take pictures in a very high resolution setting. These can easily be expanded for detailed viewing. Do keep in mind the following.

• Although there are suppose to be a complete set of plans on site at all times during the build the ones on site might not be complete.
• The plans on site are suppose to be a "Red Line" copy displaying any changes made during the build. However I rarely find that to be the case.

Originally Posted by lunetunelover

2- there is a copy of the plans kept on site for permit review as things get done; I took it out one night, ran it through a copier (we have a large scale copier in our office), and replaced it the same night.

[chitown50s]

I don't understand how people are taking such a nonchalant view of this. According to what you quoted from the contract you have an absolute right to have a copy of those plans (legally, Construction Documents).

I wouldn't think that you would need to pay for them either, even copying costs, if the builder originated the contract and nothing else in the contract says otherwise. (Although in reality I would not make a huge fuss about copying costs.)

I don't care who has the copyright or "ownership," to the Construction Documents. That's irrelevant and/or not your problem. What if you payed for a book at a real or at an on-line book store, and the clerk or web-site took your payment and that was it? You ask for your book and are told, "sorry, the author has retained copyright to the book, so we can't give you a copy." This is same thing.

Without a full set of the Construction Documents you have no idea of what you are buying.

Now, if there is a full set of the Construction Documents plans, specs and schedules freely available for perusal (and copying, even at cost) at an architect's office or at some public registry that should satisfy the contract requirement for having incorporating them into the contract by reference. Ditto for an on-site copy, and you shouldn't have to skulk around like a thief to get to view and copy them.

It should be cold day in hell when you can't get a copy of everything, as per your contract.