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Discussion Starter #1
My inlaws just started building a house through a local building/GC. They just finished the framing about a week ago and thier Agent told them to have a Carpenter check the work. Well the Carpenter they took found a number of problems. They confronted the builder about it and he told them he would not do anything about it and that they are just being nit picky. Well they tried to get a meeting set up with thier agent and the builder but the builder/GC would not meet with them. He told them that they are now banned from coming to the house and that they cannot do any of the sweat equity they had agreed on, and if they wanted anything extra it would be out of thier pocket cash. Is this legal for him to do this and what our my inlaws options? What should they do?
 

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First thing, no more work, no more progress payments, until this is settled. See how fast he agrees to a meeting then.

As far as "can he legally stop them from coming on the property", the answer, at least according to MY contract, is yes. I (he) can stop them. Contract wording is long and likely unnecessary, but basically says if the homeowner changes anything without my approval, they are saying the project is complete and payment is due, in full, immediately.
 

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If the builder owns the land, then he still owns and controls everything until the closing. They should let the local inspectional services worry about if things are being done properly. I've seen homeowners removed from their future homes until the final walkthru, because they were a pain the a$$ on a daily basis.
 

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plumguy said:
If the builder owns the land, then he still owns and controls everything until the closing. They should let the local inspectional services worry about if things are being done properly. I've seen homeowners removed from their future homes until the final walkthru, because they were a pain the a$$ on a daily basis.
There is a LARGE amount of liability if someone gets injured on the jobsite,even the future homeowner...
 

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ContractorSon said:
There is a LARGE amount of liability if someone gets injured on the jobsite,even the future homeowner...
I agree 110%...it's one thing when you have a meeting with them on site...but when they hang around on a daily basis and sometimes with their kids it's just not a safe place. Unfortunatly, they usually have to be told more than once before they get the hint. :rolleyes:
 

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rainspain, they're first mistake was dragging in a third party (carpenter), under most other biz circumstances a third party opinion is valued, however, in construction too many guys spend the look walking around nit picking then blowing their own horn. If getting another opinion was necessary, they should have gotten a couple carpenters to look at it.

Bob
 

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A note for rainspain: Keep in mind, there are contractors who prey on the steel. What better way to steel then from a life raft.

Bob
 

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Ok i'm not telling you to do this but here is what one person did. They bought a home sign the papers and the gc was suppose to come back and fix a few things..He didnt. This was in a new construction subdivision. So they put a big sign in there front yard trashing the gc. Well to make a long story short he came back and did what he was suppose to so he could get that sign taken down. I think you get my point.
 

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747 said:
Ok i'm not telling you to do this but here is what one person did. They bought a home sign the papers and the gc was suppose to come back and fix a few things..He didnt. This was in a new construction subdivision. So they put a big sign in there front yard trashing the gc. Well to make a long story short he came back and did what he was suppose to so he could get that sign taken down. I think you get my point.
The final punchlist should be taken care of before the closing and I can't see why that would'nt be a mutual agreement!
 

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If it was a code problem the builder wouldn't be so cocky.

All things considered, I think it's a pick, preping for a steal, the new carpenter wants to meet moma on the gravy train.:cheesygri

Bob
 

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Glasshousebltr said:
If it was a code problem the builder wouldn't be so cocky.

All things considered, I think it's a pick, preping for a steal, the new carpenter wants to meet moma on the gravy train.:cheesygri

Bob

I'd say this is most likely right; but what were the problems exactly? Not everyone coming in to inspect is the bad guy. I don't know too much about framing; but I'd have a problem if a whole lot of stuff was out of square/plumb/level. Did they perhaps forget to put a door into one particular room? You can't blame the future homeowner for complaining about a complete lack of doors after all.
 

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Discussion Starter #13
This is happening today

Ok so here is the latest. The house has a punch list a mile long which includes shingles being replaced and lot being graded and some lights are not in yet, etc. The builder said he will fix them and is pushing to close today before the punch list is complete. Yet he just told them "after closing I never want to see this place again". Should they make him do the work before closing or roll with the punches and close this afternoon?
 

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2 choices for both of them.

1. dont close untill the builder fixes everything.
2. have qualifed subs come and quote the cost of fixing everything then deduct the total of all bids + extra for time and aggrivation from the final payment. I doubt he will agree to this and will fix everything. BUT DO NOT CLOSE UNTILL THEY ARE FIXED OR THE PRICE HAS BEEN ADJUSTED.
 

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I'm glad I don't build anymore. We always got some brother-in-law, who helped frame some dinky garage 10 years ago, come out and start criticizing everything.
We tried to make it clear from the beginning.
1) Here is what we build. (Walk thru previous projects)
2)Here is our standards of construction. (Walk through current projects)
3)Here is our written waranty.
4) We live and work in this area and have been here for many years. We're not leaving the state after we finish your home.
5)Stay off the job during working hours. People need to make a living and need to get some work done. <P>

Qualifying a contractor, subcontractor, car mechanic, restaurant, and then letting them do their job is easier than hiring some yoyo and trying to fight with them the whole time. Of course some people like to fight. Itry to spot them from the start and stay away from them.
 

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I have my customers sign an additional agreement to the contract.
They agree to not walking the job without me there, and they also
agree to not show up after working house or weekends when the jobsite
is empty without my wriiten acceptance. Then the agreement goes on to
state that they release me from all liability should they not follow the
agreement and get injured on the job. I blame everything on safety, and
at the same time I cover my behind with any liability. This is out in the
open and I don’t hide anything from them and they know where they stand
even before my first hours on the jobsite. This has worked for me.
 

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Discussion Starter #17 (Edited)
You are way off. This is not about them coming on to the site anymore and this is not about the framer they had look at it anymore, that has all been resolved. I told them they should not have done that anyway. The problem now is closing before the home is even finished. Thank you RobertCDF for your direct answer this is all I am looking for.

Actually I built with this same builder and only had minor problems that were dealt with in a civilized way. In fact he liked me so much that he let us move in the day he received the certificate of occupancy, a week before closing! I am a Tile Setter and did the tile on my home and this one and he loves my work. Entryway I did a month or so ago of the house in question below.

What about keeping a certain amount of money in escrow until the work is finished? Is this a possiblity? I don't know if that is what you meant Robert, but just asking.
 

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If the contact signed by the Contractor and homeowner has been fulfilled, then the Contractor should be paid. If the hang-up is the sweat equity that they were going to do, and now the contractor wants paid to do it, then still the contractor has satisfied his contract. A new contract may be needed for the remainder of work, which could be awarded to any other contractor. Anyway, that’s how I am reading it….but a Real Estate attorney (need him to close anyway) may be better to answer this.

This was in reply to your post before you edited the heck out of it.....
 

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Discussion Starter #19
Non of the hang up is sweat equity. The hang up is that the builder has not finished his work. He has not replaced the damaged shingles(damaged by his stucco crew). He has not installed all of the light fixtures(small detail). He has not coated the foundation. A couple windows need to be replaced. Non of this is work done by the homeowner,myself,or anyway associated with us. It is all on the builder.
 

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rspainhower said:
The builder is pushing to close today before the punch list is complete, yet he told them "after closing I never want to see this place again". Should they make him do the work before closing or roll with the punches and close this afternoon?
If the punches are to include doing the punch work at their own additional expense then they should go ahead and close. If not, they'd better have another plan for motivating the builder to perform the punch work.

rspainhower said:
What about keeping a certain amount of money in escrow until the work is finished? Is this a possiblity?
You'd need to first ask your settlement attorney, then the builder.
 
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