Guys,
Sorry for disappearing. The day job got in the way as I need to pay the bills. Toss in some snow and it has been a busy morning.
To answer a couple of questions:
Here is a picture during construction. The formed garage sits in what was a bedrock hillside. As of today, I don't know if the excavation crew did not go low enough or the foundation crew did not go high enough. I expect the latter as the surveyor set the corners for footings, but at this point can't say for certain as incompetency seems to rule the roost. Finished floor height and finished ceiling height are very clearly called out.
I will chase that answer, but regardless someone other than me screwed up.
To complicate things, in the space between the house and the formed garage there is now a second foundation as well as a 2 story addition. It is about 75% done. This was part of the bigger renovation project. It is not as simple as lifting the garage roof without negatively impacting all this other work that connects the house to the underground garage. (door and window heights, eventual drainage, etc)
Architect did nothing wrong in my opinion. Here is a snap from the stamped drawings. 13' ceiling height is pretty clearly called out as are elevations.
As to the lift, Black300zx kinda nailed it. These are old 911 race cars that barely weight 2200 lbs. The lift was to grab them from one side by the underbody (not below the wheels) and nest all three cars together. This is not a service lift by any means, but rather a glorified storage lift that shows off the vehicles. Imagine three of these working in conjunction, with the cars nested together for display purposes. The lift is built for one specific purpose, so it is not like anyone else really has an interest. A good amount of engineering went into it to make it work safely and as planned.
I'm in a residential area outside of Boston so property is pretty hard to come by. No option to build another structure on my property as I'm out of available space. Part of the reason behind this underground garage as it skirted some of the lot coverage restrictions since the entire structure aside from the doors is completely buried.
I hear you all on go get a lawyer, and I will consult with one. I'm pretty confident, however, that a legal battle simply means more cash outlay and little likelihood of collecting. Yes, I have a winning case but to what end?
Builder knows he is wrong, and has acknowledged the same. I believe he is committed to making good in some way, which is what prompted my questions here. I can't have him jackhammer this out without unwinding the last year of work and if I bankrupt him in the process I'm in a worse spot than I am now. he has not offered a financial fix as I expect he is testing the waters and wants to see what is acceptable to me. His blossoming reputation, which he has put a ton of work into, is worth a bunch to him and a black mark in this town will really hurt long term.
Yes I believe he owns a useless 3 post lift. Yes I believe he owes me for a replacement of some kind. I also think he is on the hook for some loss of anticipated use. I'm trying to find a reasonable way of presenting this in a manner that gets him to finish the job and move out of our lives. Showing up with a pitbull lawyer on day one does not seem to be the ideal approach for me. Call me soft, but I've been here a few times before and let winning the war get clouded by winning the immediate battle. (apologies for the untimely metaphor)
Thanks to you all for the comments and the sanity check.