I really need advice, potential wetlands issue - Contractor Talk - Professional Construction and Remodeling Forum

Pearce Services · 11-26-2007, 08:56 PM

Here is the short version.....

I Have been given a job to build an addition. Because the addition will encroach on the buffer zone adjascent to wetlands, Conservation Committee approval was required. Approvals are in hand.

Now the scope of work differs slightly from the plans approved by CC. The actual addition is to sit 42' from the wetlands, whereas the approved site plans shows 46'.

The customer is not trying to beat anyone out of anything here, they spend a few thousand dollars to get the approvals, but needed to change the design to accommodate the existing electrical meters. They are trying to beat winter with this project, and going back to CC will kill the schedule.

The owner has asked me to GC this thing. I do not feel comfortable controlling this job based on the above facts. I would much prefer that he GC it himself, and sub the carpentry work to me. I am also seriously considering just walking away.

Given that the approved site plan will be come a document within the permit application, and that the actual addition will not match, how likely is it that the CC will pick up on this, and if they do, what are some of the consequences?

I really could use this job, but will not risk my license.

neolitic · 11-26-2007, 09:02 PM

I would guess that if there's a loan involved, there will be a new mortgage survey.
Somebody's gonna get caught out.
I wouldn't want to be the one.

concretemasonry · 11-26-2007, 09:09 PM

The owner is trying to cheat on the permit that he got. - He is looking for someone else to be the "goat" and be responsible when the cheating is discovered.

If you are the GC that builds something that is illegal, it can be torn down and you will not get paid.

Chris Johnson · 11-26-2007, 09:10 PM

The question isn't IF the CC finds out, it's WHEN, your messing with treehuggers buddy, they will be all over you for being out of compliance, the dirty GC tried to pull a fast one, the one eyed five legged frog died and you get sued.

Walk away without proper approval

KillerToiletSpider · 11-26-2007, 09:14 PM

Quote:

Originally Posted by Chris Johnson

The question isn't IF the CC finds out, it's WHEN, your messing with treehuggers buddy, they will be all over you for being out of compliance, the dirty GC tried to pull a fast one, the one eyed five legged frog died and you get sued.

Walk away without proper approval

Don't walk, run.

tinner666 · 11-26-2007, 09:17 PM

You'll be in deep doo-doo if you do this one as stated. I've seen houses in litigation over 1' too close to something. Can take 2 years of your time to fight it and you probably will still lose.

d-rez · 11-26-2007, 09:17 PM

Take the job, charge accordingly, do it legal. And yes, the schedule will change, that's construction. Do it legal!!!! My 2 cents. -Chris

tinner666 · 11-26-2007, 09:26 PM

"Now the scope of work differs slightly from the plans approved by CC. The actual addition is to sit 42' from the wetlands, whereas the approved site plans shows 46'.

The customer is not trying to beat anyone out of anything here, they spend a few thousand dollars to get the approvals, but needed to change the design to accommodate the existing electrical meters. "

If you want the job bad enough, I'd suggest you get all parties concerned together on the site. WHoever made the changes due to meters, the CC, the owners, etc. You could save everybody some grief in 1-2 meetings. On site will work to your favor as you physically walk them through the details.

You'll have to add the costs of these proceedings to your total, but it shouldn't be a problem.

KillerToiletSpider · 11-26-2007, 09:28 PM

Quote:

Originally Posted by tinner666

You'll be in deep doo-doo if you do this one as stated. I've seen houses in litigation over 1' too close to something. Can take 2 years of your time to fight it and you probably will still lose.

Do not ever piss of the EPA, the fines they can levy are astronomical, and if you can't pay the fines you are subject to jail time, as well as a lien against your business while the investigation is pending.

Tscarborough · 11-26-2007, 09:47 PM

Simply get all parties on site and dicuss what can be done. Be sure and get your signed contract as a GC first, though, and make sure the owner understands that their personal schedule is not what dictates the actual one at this point.

Putty Truck · 11-26-2007, 10:17 PM

There's this couple up here who built a wall 6" into the Canadian/American buffer zone. Man, oh, man, I would hate to be the contractor who done did that one. Last I heard, D.C. (not the electric, but the real power), was involved.

Change your phone number and shred all docs on this one.

Chris Johnson · 11-26-2007, 10:24 PM

Quote:

Originally Posted by Putty Truck

There's this couple up here who built a wall 6" into the Canadian/American buffer zone. Man, oh, man, I would hate to be the contractor who done did that one. Last I heard, D.C. (not the electric, but the real power), was involved.

Change your phone number and shred all docs on this one.

Could they pay a portion of their taxes to Canada? Get the health care benefits from the north and the life of the south, the best of both worlds

Pearce Services · 11-27-2007, 04:17 AM

Quote:

Originally Posted by Tscarborough

and make sure the owner understands that their personal schedule is not what dictates the actual one at this point.

Agreed!

This I think is my biggest hangup on this issue, they are so committed to getting this done now. Resolving this correctly, and doing the job in the spring makes so much more sense.

Thanks for the responses.

Pearce Services · 11-27-2007, 04:23 AM

Quote:

Originally Posted by tinner666

If you want the job bad enough, I'd suggest you get all parties concerned together on the site. WHoever made the changes due to meters, the CC, the owners, etc. You could save everybody some grief in 1-2 meetings. On site will work to your favor as you physically walk them through the details.

I will try this approach, if they do not agree to reinvolve the CC, I will need to walk away.