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We should have parted ways a long time ago but my husband kept wanting to think the best. Finally - we did it, thought it was amicable and that was it. Until the final invoice showed up which was 400% over budget after we had already given the GC a cap to NOT go over under any circumstances....sigh...
We are living in Virginia, the house is in Vermont so this was a long distance build. After parting ways with the GC we got another GC on board who finished up the house to the point where we could close on a mortgage and get rid of the construction loan. While the 'new guys' were working on the house one day, the GC came up and told them we didn't pay our bills and they wouldn't get paid, etc., etc.
My husband made a visit to the house....and every single piece of garbage or piece of wood, or wire, or whatever you can imagine was in giant piles in the basement....tons and tons of trash. On the outside they had a firepit in the driveway where they burned aerosol cans, nails, wood, insulation....
We both just recently made a trip up last week....we found out that they put the wrong drywall in the bathroom around the shower and now that needs to be ripped out. The plumber had purchased toilets and we also purchased toilets after making sure on several occasions that the plumber had not done so.... One of the Anderson Doors is not shutting completely leaving a gap of air coming in....as well as blue sky. Some of the hardware is missing from the doors and windows....
What do we do? This is a handcrafted log cabin and we still need this builder/GC to adjust the logs over the next few years and I'd like him to take responsibility for the items that are wrong....or 'messed up'. We spent every dime we had on this....and then some....and there is still lots of work that needs to be done. That is ok...but not ok that we have to shell out more $$ because of the GC's mistakes.
It "should" have every item involved in the construction spelled out in details. For instance, it should say $X for the rough plumbing--interior, and then have a separate amount for the labor. Each time you 'drill down' in the contract it 'should have a finer layer of detail. So many feet of waste; so many feet of water feed; etc. Then a separate amount for labor. You can figure out what you owe the original contractor from that. He can bill you all he wants, but it is what is in the contract that counts.
Wrong sheet rock/ What is in the contract?
Disposal of trash? Burning/no burning? It is in the contract.
For starters, take the advice above and see your lawyer. The one you used when you contracted on the land/and or contracted with the builder 'should' be able to help. Understand that you are dealing in a local community, and you are an 'out of stater'. That will never change. Don't **** everybody off, even if you have to swallow your pride and fork out extra dollars. It is Vermont. They are all related, one way or another. YOU are the outsider who brings one thing to their community: Money.
Secondly, you are VERY lucky to have found a GC to take over the project mid-stream. If you are happy with him, or can at least tolerate him, don't let him go.
You have to bite the bullet in these circumstance. Know that your project is a mess, and nothing will change that. Work through it as best you can, understand that you will for a long time have issues with the original GC, and you will PAY a lot of extra money to have switched in mid -stream.
Sadly, that's just the way it is. Especially if this is a full scribed log home. They are tricky projects by themselves, let alone all of the other 'issues' which you are facing.
We had something like this happen with a contractor. At the end they messed some stuff up so we paid what we thought was fair and wrote final on the check. They wanted to first take us to a mediation. After everyone involved in that heard what happened, it went away, before going to mediation as we weren't going to waste time with that. We would constantly mention we would not go to mediation and would be suing for all damages instead.
If you write the final check for what should be owed minus damages, and the GC doesn't accept that, tell him you will be contacting an attorney and will no longer talk to him until the matter is resolved in court.
I would have motion cameras set up at the house, sending the feed to you after this, just in case the GC doesn't go away.
It "should" have every item involved in the construction spelled out in details. For instance, it should say $X for the rough plumbing--interior, and then have a separate amount for the labor. Each time you 'drill down' in the contract it 'should have a finer layer of detail. So many feet of waste; so many feet of water feed; etc. Then a separate amount for labor. You can figure out what you owe the original contractor from that. He can bill you all he wants, but it is what is in the contract that counts.
Wrong sheet rock/ What is in the contract?
Disposal of trash? Burning/no burning? It is in the contract.
For starters, take the advice above and see your lawyer. The one you used when you contracted on the land/and or contracted with the builder 'should' be able to help. Understand that you are dealing in a local community, and you are an 'out of stater'. That will never change. Don't **** everybody off, even if you have to swallow your pride and fork out extra dollars. It is Vermont. They are all related, one way or another. YOU are the outsider who brings one thing to their community: Money.
Secondly, you are VERY lucky to have found a GC to take over the project mid-stream. If you are happy with him, or can at least tolerate him, don't let him go.
You have to bite the bullet in these circumstance. Know that your project is a mess, and nothing will change that. Work through it as best you can, understand that you will for a long time have issues with the original GC, and you will PAY a lot of extra money to have switched in mid -stream.
Sadly, that's just the way it is. Especially if this is a full scribed log home. They are tricky projects by themselves, let alone all of the other 'issues' which you are facing.
Yeah - the contract is vague....it has estimates for things and says everything needs to be approved in writing for any changes, etc., etc.
The GC was badmouthing us to everyone but the subcontractors whom we have spoken to - said that the GC was never onsite and they didn't have a clue as to what was going. We are definitely not *** everybody off - quite the contrary. I was born and raised in Vermont, and let me tell you we have worked for over 10 years to build this house and I have saved my whole life. I know the 'Vermont' mentality and was completely blindsided by this GC....who lives in Vermont but was not born there. Shouldn't make a difference but if you really want to pick....
We actually are not in mid-stream but at the end....the house has been closed on and has a regular mortgage. We just need some things fixed.....this is a full scribe log home and I'll give the GC credit for the way he did the logs - beautiful!
It's sad that he was never onsite to see what was going on. The subs said that they had to negotiate for bad flooring that came in and that the GC didn't want to deal with it. The new GC said that the old GC has alienated everybody....so at least we aren't the bad guys here even though everyone automatically assumes that we are since we are coming from 'out of state' and have the 'money'. Though....both my husband and I are the ones driving the 10 year old vehicles while the locals have new beastly trucks, lol.
Buzzkillb - good idea in relation to the 'final check'. However - since the GC came in so HIGH with the final invoice we went to the subcontractors directly....and the GC has not been paid his final 10%. I was going to pay him the final 10% based on the last email we had with our capped limit....but after all of this, I don't know if we should even give him that. It has been months, he hasn't asked for it....and if he does, than eating the 'damages' will more than take care of it. We still need him to do a few things per the contract....so, we'll see what happens. Even though the contract is 'vague' it has enough in there regarding change orders and estimates that we definitely should have some kind of legal standing. I just really don't want to get to that point. I'd rather come to some kind of amicable agreement and let bygones be bygones.
Status:
"I didn't do it, nobody saw me"
(set 2 days ago)
Location: Ocala, FL
6,486 posts, read 10,363,068 times
Reputation: 7940
I think you need to speak with an attorney because the odds of an amicable agreement are slim to none right now. Keep in mind that if you do not pay the final 10% payment to the GC, they will place a construction lien on your home.
I had a family member who had a similar issue with his home. Took almost 2 years with a complete tear down and reconstruction to resolve.
I know we need an attorney....we've had a hard time finding one that is actually versed in construction contracts.... We found out from the plumber that the slab in the basement is actually too thin. The plumber (he installed the radiant) said that he didn't leave enough room for a thick enough slab with insulation for the radiant and that he refused to fix it.... Of course, no one told us any of this.
I am aware of the possible lien from the GC. The attorney who we initially spoke with said to pay the subcontractors.... I think we may just have to consult with this attorney again.
Ok - I've emailed a couple of attorneys that are in the city.... I am worried that they are going to be expensive....but if they can help, than it will be worth it. We have spent every dime we have on this house....plus one of my 401Ks....which is why towards the end, we told the GC we didn't have anymore $$ to put out. I wasn't going to tap into my main 401K. And I hate that I had to liquidate my other one.... Oh, it just burns me up...but we kept thinking that the house was almost done.... Like I said, there is still work to be done on it....and work that needs to be fixed on it...but I am just really bummed out....
I know we need an attorney....we've had a hard time finding one that is actually versed in construction contracts....
I found one with a quick google search. Link Rutland, VT
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