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How would you handle this?

go_n_low88

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Mar 15, 2010
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I went through a similair experience but my garage builder(www.planitbuilders.ca) had not poured the cement or done any framing. Basically the builder came out in Nov, surveyed my lot with transit and said everything looked good. Then about 3 weeks ago when they start digging ground , the concrete guy says he needs another $1800 to build a retaining wall and footings. I told him B.S and that the rep who came out in Nov should have known that and I only agreed on the contract price. So i kicked them off my property and lost a few $$$ on the permits, plans, and clearing of snow from concrete guy. Sounds like an unexpected cost which should be shared between the both of you. My garage builder didn't do his homework.
 
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clkimmel

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Aug 17, 2010
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Suffolk, VA
Thanks for the input everyone.
We had a meeting with the builder today and we settled it. I payed for the block and extra fill, he payed the survey and ensures us he will communicate better. We cleared up some other questions we had about the build and I think everything is going to work out fine.
 
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clkimmel

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Aug 17, 2010
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Suffolk, VA
Here's a couple of pictures of the garage.
This is the block before the floor was poured.
DSC00543Small.jpg

Tis is after the floor
DSC00550Small.jpg

This is how it looks today.
DSC00625Small.jpg
 

walrus

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Nov 12, 2008
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Maine
Thanks for the input everyone.
We had a meeting with the builder today and we settled it. I payed for the block and extra fill, he payed the survey and ensures us he will communicate better. We cleared up some other questions we had about the build and I think everything is going to work out fine.

Thats awesome, little communication goes along ways. Looks a real nice building
 

ducati

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Oct 15, 2010
Messages
97
Thanks for the input everyone.
We had a meeting with the builder today and we settled it. I payed for the block and extra fill, he payed the survey and ensures us he will communicate better. We cleared up some other questions we had about the build and I think everything is going to work out fine.

Good to hear. Looks like a nice little shop.
 

6768rogues

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Nov 28, 2007
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Western NY
I think it was generous of you to agree to pay him something. You were not obligated to pay anything that was not in writing. I have been a contractor, construction inspector and construction manager over the last 40 years, and I say shame on him for not having you execute a change order. You could have played hardball with him (on public construction jobs there is no option, cannot spend tax money for anything not in writing) but you were reasonable and it worked out. Good for you.
 
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EARTH QUAKE SHAKE PROOF...NORTH OTAGO,WAITAKI DIST
i am in the process of having my garage built (sorry everyone, i haven't yet started my build thread, but i am taking plenty of pictures) and my builder has just told us we owe him $1600 over what is in the contract.
When we started, the garage placement was supposed to be further back in the lot, but we have an easement for a fire lane in the back of the lot so the garage was move up closer to the house. The lot has more slope where the garage is now so the builder had to use an extra 2 courses of block for the foundation. Everything has been going pretty well up to now, and the garage is fully framed, wrapped and the man door is installed. The builder came to the house on thursday and told my wife the next payment as per the contract was due because the the framing was complete, but we also owed the extra $1600 for the extra block, sand and the survey he had done. I told my wife on the phone that i didn't think we had to pay that and she only paid him the amount on the contract.
The contract has a statement about if the plot lines are unsure, the homeowner would order a survey. I know where my plot lines are and he said he wanted the survey to make sure the garage was lined up with the house, so he ordered the survey. When my wife pointed this out to him, he said he may have to eat the survey cost, but he wouldn't eat the cost of the block and he wont continue work on the garage until he gets the payment.
My problem is, he never said anything to me about the extra block costing more and, now that it's done, i have a figure shoved under my nose and it's like pay or i won't finish the job.
I haven't talked to him, he couldn't (wouldn't?) wait for me to come home last thursday and we went out of town friday morning. They did not work on the garage on friday, so i am hoping to meet with him tomorrow to discuss.
What would you guys do in this situation?:confused:
Sorry for such a long post.

--------------------------------------------------------------------------
hi.
If its to the benifit of the structure,terrain, drainage or whatever? And the builder discovered its whats needed, and i or u were away......i will just pay it.
At least the error to be corrected isnt that big nor is the materials etc costs.( as long as the cost and magnitude of jobs not bigger than 1/8 of project, any bigger i will want discussed...thats me).

Gr8t looking site though, it looks like your in kelvin heights, here in queenstown, new zealand.

All the best...jj
 
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Licensed to kill

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I think it was generous of you to agree to pay him something. You were not obligated to pay anything that was not in writing. I have been a contractor, construction inspector and construction manager over the last 40 years, and I say shame on him for not having you execute a change order. You could have played hardball with him (on public construction jobs there is no option, cannot spend tax money for anything not in writing) but you were reasonable and it worked out. Good for you.

And i think it was generous of the contractor to pay for the survey. I've never been one to hide behind legal loopholes. What's right is right. The home owner received the benefit of the survey and the additional work and therefore should pay for it IMO. I would have.
 

BLUBAYOU

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Mar 25, 2008
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Glad to hear you worked it out! Now you can both focus on getting more work done.
 

Motown 454

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Sep 25, 2008
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I agree you did it the right way. Both are happy and he looks like he's doing a nice job on the build. Better to talk it over and get it out of the way then to have it cause a problem for the rest of the build. It looks great !
 

dirttracker18

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Aug 10, 2009
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Location
Slate River, ON
Yep, good resolution on that one.

Sounds like you have a decent builder there since he was willing to eat the survey.

Any chance of getting a copy of that survey for yourself? Good thing to have around, just in case.
 
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clkimmel

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Aug 17, 2010
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Suffolk, VA
I do have a good builder, I used him for my fence and I was happy then, but that was a much smaller job. He has a lot of smaller jobs going on right now and he admitted that that was part of the problem with him not communicating with me throughout the build. The crews have been starting work after I leave in the morning and are gone before I get home, so I never even met any of the workers. They have done a very good job so far and I am pleased with the results.
I'm sorry if I haven't answered everyones questions, I am overwhelmed and impressed with the amount of responses to this post.
I did get a copy of the survey before they started digging, and nothing was said about who would pay for it. I believe he always intended to pay for it and that is why he did not push more me to pay it. I think the compromise we came to works for both of us and neither of us anticipate any additional problems.
 

mrpowderkeg

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Dec 9, 2008
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Location
Bismarck North Dakota
But it was my choice to accept his bid, If I didn't like his price I could find someone else. I have no choice on the extra cost. I understand he has costs that were not in his original bid, I think I should have been consulted since I have to pay for it.

I will talk with him and I'm sure we will work something out that we can both live with.


Just pay the man, he saved your by having it surveyed, imagine if he built it, and a week later the city or country forced you to remove it. If you would have hired someone else, most likely the same thing would have happened.

Sometimes crazy stuff happens, that really cannot be helped.
 

1320stang

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Dec 28, 2006
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Edmond, OK
It would be cool of you to get some BBQ delivered on a Friday for lunch. Having worked in the trades, it sure gave us a sense to do a better job.
 

bill9860

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Jan 25, 2010
Messages
162
Location
Northern VA
Had a garage built last year. Contractor was top notch. There were a few minor changes we had to do. But he did not charge me extra. As I said they were minor. Maybe he looked at it it as small investment in a relationship because I have recommended him and he has got work as a result. The contract did call for notification and signed change orders.

Having said that, I would pay, assuming the original quote was from the original plan. If the plan changed and the revised plan cost more, it is the right thing to do. No harm in pointing out to him that he did not follow the letter of the contract but, if you like the contractor and he does good work you may want to use him again. But if you screw him he may not want to work for you. Look at it as your investment in a relationship.
 
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