Advice needed: How to deal with construction mistake with builders (house, utilities)

[laofangyouxi]

We recently moved into a new built house. Everything seems O.K until we found out that the builder opened one less window than they supposed to---we should have 6 windows in the kitchen but we end up with having only 5. We talked with the builder and pointed out this problem, and they immediately admitted that's their fault, even without coming here and looking at the window. Apparently they are very good at playing this kind of games. They offer to re-open that window for us. But honestly we do not want to remodel our house so soon---no longer than 1 month after we moved in. We can also imagine there are some other inconvenience along with the remodeling, the dust, the whole structure of the house, the timing etc.
The builder doesn't sound any regret for putting us into such a situation. We asked if there is any other options they can do for us in order to make it up, they only offered something like ceiling fans, garage opener, or some minor things like that. They claimed that window (23 x72)together with the labor is just worth $300~. I guess that is far below the value it should be.
We don't have any experience to deal with this sort of big hassles with the builders. So it would be superly appreciated if you could give us any suggestions.

[chris_ut]

They offered to fix the problem. Take them up on it. Your contract will have a binding arbitration clause so if you try to sue them they will win. Ask them to fix the window and throw in some freebies to make up for the inconvenience. In the future make sure that the house is in the proper condition before you sign the final paperwork.

[pacman777]

Who's the builder?

[laofangyouxi]

Thanks a lot.

Originally Posted by chris_ut

They offered to fix the problem. Take them up on it. Your contract will have a binding arbitration clause so if you try to sue them they will win. Ask them to fix the window and throw in some freebies to make up for the inconvenience. In the future make sure that the house is in the proper condition before you sign the final paperwork.

[desertsun41]

That is a very unusual mistake. What happens is there is a framing package dropped on the site. A few days later there is a window and exterior door bundle dropped on site. There is a specific number of windows for your plan. The framers had to have noticed there was one extra window and said nothing. Probably one of the guys took it home to sell it and hide the mistake from the Superintendent. Most of those guys get paid piece work so to go back and reframe the window opening would have cost them too much time.

Then when the framers were done and outta there the utilities, insulation and finally the drywall went in. No of these trades would have known a window belongs there. But.....all the pre-homeowner walkthroughs if that builder does that and all the times the Super should have been in there just supervising he should have caught it. Strange that it was not noticed till after you the homeowner moved in. I wonder how you realized it. Did you walk over to the model home and notice an additional window?

Builders rutenly make offers less then the cost of the repair. I recently knew a homeowner who had a cracked driveway. It would have cost the builder $7000 to redo it. Instead the builder offered a brand new washer/dryer and a $3000 check. Everyone won. Everyone was happy.

But to trade a few ceiling fans for a window modification? Yikes !!! You need to bargain with them and get more. I say hell with the window and get some real goodies from them.