To avoid these ads, REGISTER NOW!

Builder built garage too short. What penalty?

dave*99

Well-known member
Joined
May 5, 2009
Messages
4,269
Location
Coastal NJ
What about 2 phantom lifts. I know you said they don't want to take out the entire floor but if they only did a couple pits you could put 2 underground and not loose any floor space.

Or a single with a oversized regular lift on top. The one goes up, one under, and one at ground level.

You missed the part where he said the foundation and garage is on bedrock and they had to blast to get down as far as they already did.
 
To avoid these ads, REGISTER NOW!

jmdirk

Well-known member
Joined
May 4, 2015
Messages
707
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)

1645815073664.jpeg

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.

1645815037961.png

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.

1645815117946.png


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.

I really get your points about wanting to try and agree on a settlement before involving lawyers. A court settlement will take ages and in the mean time you project is probably on hold. Even if you're successful, there's no guarantee that you actually will receive what is awarded. I do agree that you're better off at least trying to settle something between the two of you first.

I'm curious. If, as you suspect, the walls were simply poured 1' too short, how does this impact whatever is being built on top of the garage, relative to finished grade etc. Based on that drawing, looks like a patio or maybe parking area or something over it. That's all going to sit a foot lower relative to grade. I guess that's why you need the surveyor to evaluate everything.

Let's assume that this error isn't going to materially affect anything else on the project other than the overall height of your garage and inability to use your lift. You now need more space in your garage to store your cars, which is less space than you would have had otherwise. At minimum, you can calculate a $/sq ft cost for that.

If it does affect other parts of the construction then it becomes more complicated. May be worth sitting down with you GC, architect and engineer to see if someone has some bright idea about how to mitigate that damages. Around here that can be an important step when it comes to legal process, "Did the parties make any attempt to mitigate the damages?"
 

WNYflyer

Well-known member
Joined
Sep 13, 2009
Messages
2,120
Location
Lockport, NY
Since is sounds like the garage is tied into the new house addition which in turn is of course tied into the existing house. That being said I would be getting a surveyer out their to verify what the elevations of all the new construction that has been to done to date are compared to like the existing house's first floor elevation. Assuming all construction is in reality supposed to be built relative to the existing house's first floor elevation? Would be interesting to see what they are using as a reference elevation to set all the construction elevations and seeing if there was perhaps a bust in setting the elevations.
 

nadogail

Well-known member
Joined
Jan 23, 2009
Messages
31,994
Location
Coronado, CA
This thread reminds me of something I read about the Sydney Opera House; If I recall correctly seven contractors went bankrupt trying to meet the specifications and get it built. It was eventually completed and is a world class project.
 

Uncle murph

Well-known member
Joined
Jan 28, 2021
Messages
1,473
Location
Harford county
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)

1645815073664.jpeg

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.

1645815037961.png

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.

1645815117946.png


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.
I think you’re pretty close on your take,it’s never going to be what you thought were getting but hopefully you can live with the finished product.Disappointing no doubt but if that’s the worst thing that ever happens your’e doing alright.
 

jkeyser14

Well-known member
Joined
Dec 19, 2008
Messages
1,819
Location
(rural) Maryland
The contractor's G/L insurance won't cover this. Unless you have a P&P bond and an ironclad case that the contractor failed to comply with the contract documents (you'd be surprised how a clear cut case can get muddy in a hurry), you have no third party to turn to. You are reliant on the contractor's willingness and financial ability to cure the default.

As you are obviously aware, It is not as simple as calling a lawyer and waiting for your project to be corrected or the money to arrive in the mail. Even if the contractor has the assets to make you whole (which is very unlikely), your legal fees will consume a huge part of any judgement. Award of attorneys fees is far from a sure thing. I've had to swallow the puke in my mouth and settle more often than I'd care to admit.

So where does that leave you. I'm not clear on where the mistake in elevation occurred. Are the footings at the right elevation and the walls are just too short? If so, I'd cut the roof into sections, extend the walls and pour a new roof. I know it sounds like a huge deal but it's doable. We've done similar jobs and you might be surprised how fast it can go. We're talking weeks here not months or a year.
Contractors Liability insurance ABSOLUTELY does cover gross errors of negligence.
 

240sxguy

Well-known member
Joined
Jan 6, 2009
Messages
1,158
Location
Madison, wi
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)

1645815073664.jpeg

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.

1645815037961.png

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.

1645815117946.png


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.


I felt the need to post. I don't have any advice but wanted to commend you on your even keel approach and ability to look at the whole picture. You seem to have a very good handle on reasonable options and are aware of the pitfalls of your potential decisions. Best of luck with whatever solution you come up with, and foot short or not I hope you enjoy the hell out of that garage.
 

readhead

Well-known member
Joined
Dec 8, 2012
Messages
6,181
Location
Durango, Co.
Why are you trying so hard to convince yourself that this can’t be fixed? I almost think you don’t want it to be fixed because you have let the project continue without coming to a solution with the builder.
Who told you that fixing the problem would add a year to the project?
The only thing I would suggest at this point is to sit down with the builder and agree on a number that none of us can come with and move on.
 

theoldwizard1

Well-known member
Joined
Feb 22, 2011
Messages
43,211
Location
SE MI
Tearing it out and starting over is not an option as 60 yards of concrete have already been placed.
That statement is not necessarily true. It depend on how the contract is written with the General Contractor and the companies that did the excavation and concrete pour. I know someone who had a similar (but much smaller) concrete problem. It was jack hammered out and re-poured.

Contact a lawyer. One who has experience with contracts and building contractors. It will likely get messy.
 

theoldwizard1

Well-known member
Joined
Feb 22, 2011
Messages
43,211
Location
SE MI
Segue : I saw a video once about a couple building a custom house. The basement was dug and the foundations poured. The foundation did not need the plans. The builder had to eat all costs and buy them out, plus additional penalties.
 

ace10

Well-known member
Joined
Dec 17, 2017
Messages
1,490
Location
Rural NoVA
Why are you trying so hard to convince yourself that this can’t be fixed? I almost think you don’t want it to be fixed because you have let the project continue without coming to a solution with the builder.
Who told you that fixing the problem would add a year to the project?
...

This kinda dovetails into where I earlier asked the OP why he though the builder would go BK if he (the customer) played hardball.

Another poster mentioned that any dollar settlement will simply be clawed back by the builder. And I agree with that, as well. He's gonna cut corners. Or try to slam in some bogus change orders. Especially since the OP doesn't have anyone one looking out for his best interests in this big project.

I suspect there is a "whisper campaign" to gently push the OP in a direction that results in a poor outcome for him.

I realize there is customer fatigue. Probably more than most of us have ever experienced on a build project, but we're talking about the foundation here. If the builder cannot get this spot-on, then there really is a significant fundamental problem with how he operates.

OP, you need somebody on your side. And it's not us... a bunch of internet randos here on GJ.
Personally, I don't think a lawyer is the answer. At least not yet. You really need somebody with construction/engineering defect experience who can fight your battles on your half.
 

LOW1

Well-known member
Joined
Jul 20, 2018
Messages
2,647
Location
ontario
Not a good situation. You really need to talk to an experienced local construction lawyer.

And you need to read your contract carefully. I doubt that you are entitled to a strict completion of your plans and specs, especially if your contract uses standard architect/AIA contract verbiage. What you are probably entitled to is the cost of making the garage as usable as it can be, by, perhaps using a different kind of lift and then some compensation for your loss of enjoyment/use/value for the difference between what you contracted for and what you got. This may be modest unless you can show a loss in property value. I would be inclined to go for a settlement that gives you most of the use that you wanted. My reasons for this include the fact that a juror who is a single parent janitor may not have much sympathy for the guy who is unable to get his Ferrari, Mercedes, Porsche and Bentley as high off the ground as he wants to.
 

quickfarms

Well-known member
Joined
Feb 14, 2021
Messages
1,027
Location
Southern California
My experience in construction on both coasts has shown me a lot.

I currently own a surveying company but have degrees in both civil engineering and construction management.

most people on here are talking about the architect as designing everything, the truth is they draw a pretty picture and leave it up to the Enginers and surveyor to figure out how to build it.

With a project such as this in addition to the architect you should have a soils engineer, a structural engineer and probably a civil engineer.

my experience has taught me that there is probably conflicting dimensions and details between all the drawings.

when I graduated college, over three decades ago, I had this though that real construction was going to be build it by the plans and this constant stream of changes would end so I made a promise that when I found a perfect set of plans I would get the designer a case of his favorite drink, this has yet to happen. The actual truth is the mistakes are getting worse.

The are a lot of contractors that will simply follow the plans even thought they know the plans are wrong and cash in on the change orders

I personally specify what plan sheet I am staking based on because I am rarely given all the plans. I find mistakes in almost every project I work on. The projects range from major industrial, public to residential.

I had one residential project that the surveying bill was $100,000.

to only have the surveyor stake the building once on a project like this seems lacking. I would expect staking prior to basting, staking the footings and as built the walls at a minimum

the op has stated that the garage floor can not be lowered because of the slope of the driveway

the one detail and the picture makes it look like the garage roof slab lines up with the Finnish floor of the house.

if in the current construction these two are true the flaw may reside in the architects original design being unbuildable

the first thing that needs to be done is to forensically analyze all the drawings to determine if there are conflicting dimensions

the second thing is to have an independent civil engineer determine if the architects design is feasible
 

ConCretin

Well-known member
Joined
Jan 20, 2011
Messages
3,379
Location
Central Maine
Contractors Liability insurance ABSOLUTELY does cover gross errors of negligence.
With all due respect, you are misinformed. General liability insurance covers property damage and personal injury arising out of operations. It provides no protection for faulty construction unless it causes the aforementioned harm. Unless the OP's roof falls in due to the contractor's negligence, G/L insurance has no relevance here.
 
Last edited:

619DioFan

Well-known member
Joined
Apr 9, 2013
Messages
3,617
Location
San Diego , Ca.
After reading again you said the lift was for storage / display vs servicing. are these drivable cars or more for display ? if these cars are strictly display and will never see the road could a custom rack system be used and load them with a fork lift ? would it be possible to use two of this style lift you mentioned ( one to handle 2 cars and one to handle 1 ) this would have to be cheaper and easier than a rebuild in the long run. perhaps you can give us some details about how you plan to set up this garage and what you plan to do with it besides park in.
 

jkeyser14

Well-known member
Joined
Dec 19, 2008
Messages
1,819
Location
(rural) Maryland
With all due respect, you are misinformed. General liability insurance covers property damage and personal injury arising out of operations. It provides no protection for faulty construction unless it causes the aforementioned harm. Unless the OP's roof falls in due to the contractor's negligence, G/L insurance has no relevance here.
The OP can clearly demonstrate financial harm. He has a $50k lift that can't be installed and three $100k sports cars that can't be stored now. That is demonstrated financial harm. Insurance would 100% pay out.
 

FredWanaker

Well-known member
Joined
Mar 27, 2021
Messages
1,470
Location
NorCal
so it *****, get some sleep, see an attorney to find out what rights you have, and make some decisions. One question that someone might ask is, does the contract specify the importance of the height being 13' and not 13' 1" or 12' 11 15/16"? Does it spell out what the damages are if the height is off? How will you prove what the damages are in $$ that your dream cannot happen? What would happen if the GC just said, "as far as I am concerned there are no damages, do you want me to continue or do you want someone else to continue this project? Pay me and I'll pay the subs otherwise you can pay them yourself if you want."
 
To avoid these ads, REGISTER NOW!

ConCretin

Well-known member
Joined
Jan 20, 2011
Messages
3,379
Location
Central Maine
The OP doesn't want resolve this through the courts with good reason. With that said, I doubt the contractor has a leg to stand on. Even if there are inconsistencies in the drawings, most contracts impose a duty on the contractor to identify and resolve any questions prior to proceeding with the work. This appears to be a cut and dry case of contractor error. That doesn't mean the OP's overall interests aren't better served through compromise.
 

ConCretin

Well-known member
Joined
Jan 20, 2011
Messages
3,379
Location
Central Maine
The OP can clearly demonstrate financial harm. He has a $50k lift that can't be installed and three $100k sports cars that can't be stored now. That is demonstrated financial harm. Insurance would 100% pay out.
Incorrect again. My insurance company would laugh if i submitted that claim. the OP can obviously demonstrate financial harm but the contractor's G/L insurance doesn't cover it.
 

Nick Danger

Well-known member
Joined
May 7, 2013
Messages
4,249
Location
Albuquerque
After reading again you said the lift was for storage / display vs servicing. are these drivable cars or more for display ? if these cars are strictly display and will never see the road could a custom rack system be used and load them with a fork lift ? would it be possible to use two of this style lift you mentioned ( one to handle 2 cars and one to handle 1 ) this would have to be cheaper and easier than a rebuild in the long run. perhaps you can give us some details about how you plan to set up this garage and what you plan to do with it besides park in.
He said that he drives the cars 6 to 8 times per year.
 

WNYflyer

Well-known member
Joined
Sep 13, 2009
Messages
2,120
Location
Lockport, NY
My experience in construction on both coasts has shown me a lot.

I currently own a surveying company but have degrees in both civil engineering and construction management.

most people on here are talking about the architect as designing everything, the truth is they draw a pretty picture and leave it up to the Enginers and surveyor to figure out how to build it.

With a project such as this in addition to the architect you should have a soils engineer, a structural engineer and probably a civil engineer.

my experience has taught me that there is probably conflicting dimensions and details between all the drawings.

when I graduated college, over three decades ago, I had this though that real construction was going to be build it by the plans and this constant stream of changes would end so I made a promise that when I found a perfect set of plans I would get the designer a case of his favorite drink, this has yet to happen. The actual truth is the mistakes are getting worse.

The are a lot of contractors that will simply follow the plans even thought they know the plans are wrong and cash in on the change orders

I personally specify what plan sheet I am staking based on because I am rarely given all the plans. I find mistakes in almost every project I work on. The projects range from major industrial, public to residential.

I had one residential project that the surveying bill was $100,000.

to only have the surveyor stake the building once on a project like this seems lacking. I would expect staking prior to basting, staking the footings and as built the walls at a minimum

the op has stated that the garage floor can not be lowered because of the slope of the driveway

the one detail and the picture makes it look like the garage roof slab lines up with the Finnish floor of the house.

if in the current construction these two are true the flaw may reside in the architects original design being unbuildable

the first thing that needs to be done is to forensically analyze all the drawings to determine if there are conflicting dimensions

the second thing is to have an independent civil engineer determine if the architects design is feasible
Yep, Got to wonder how the architects vertical dimensions stack up in comparison to the actual difference in elevation of the existing floor elevation of the house and the elevation of the existing driveway where it meets the garage floor?
 

FredWanaker

Well-known member
Joined
Mar 27, 2021
Messages
1,470
Location
NorCal
my personal business concern is always (1) getting the customer what they want (2) everyone comes out whole with a profit for those who put in time. Not all profits are equal nor do they need to be.

My next concern when this doesn't happen is how do we establish damages to settle? The garage is a dream converted into a drawing that is to become a reality. Someone messed up that dream. If the parties there involved lack the physical or monetary means to make that dream happen, were there any precautions taken to allow for some kind of coverage - bonding or insurance. If the answer is no then the next questions will be how does one put a monetary number on the damages, and how is it collected. Example - I have a spot for a family painting in a wall that means a lot to me. The area cast for the painting is too small and now it won't fit. What is the monetary damage if it can't be fixed? That is no difference than no room for my cars. It is something important to me, but it isn't a business loss where I can show it will cost me 500 customers a year loss at $1500 each. It is loss of a dream. Yes he has lifts that he cannot use, that portion is easy to establish.

The goal has to be to find a solution to the problem if he still wants his dream to come true. Someone will have to pay to have that done. If no one has the money then who is to fix it? Personally I would speak with my attorney to be sure I understood my rights etc., and then try to work with the engineer to remedy it. If the ceiling is 1' too short, is the floor now 1' low also?
 
OP
V

vlocci

Well-known member
Joined
Sep 13, 2005
Messages
115
Location
boston
Just back from dinner with a premier attorney who does nothing but construction litigation. A buddy made the intro on my behalf. He had some great advice and offered to introduce me to his go to surveyor and engineering experts here in Massachusetts.

His opinion is this should not go to court and the threat of serious litigation may simply send the builder running for the hills now. He does feel confident if it did go to court I would "win" but collecting on that win would be almost impossible.

This was all pro Bono so far (although we did share an expensive dinner) but he promised to spend the weekend mulling this over for a path forward. I've given him everything from my drawing package to builder contract.

Realize I'm small potatoes to this lawyer so I don't expect him to string me along for a couple hours of billable time. His last client was the state of NY as they built a 4 billion dollar bridge!

If nothing else, I hope to get some advice on how to position a settlement discussion with the builder.

Thank you so. Sorry for turning my drama into your own.
 

firebirdparts

Well-known member
Joined
Jun 8, 2016
Messages
10,635
Location
Kingsport, TN
You've got 2000+ square feet....and you have to stack your Porsches like Tetris on a $50k custom lift?
This is where I come out. They've stopped you from achieving something that was not even a good idea. I know that's a bummer. So cope with it like, say, Winnie the Pooh or somebody that just doesn't give a rip.

When I got married I found out the best way to deal with conflicts is to lose.

Settlement all the way. And BE HAPPY.
 

scooby074

Well-known member
Joined
Oct 26, 2008
Messages
5,243
Location
Nova Scotia
Just back from dinner with a premier attorney who does nothing but construction litigation. A buddy made the intro on my behalf. He had some great advice and offered to introduce me to his go to surveyor and engineering experts here in Massachusetts.

His opinion is this should not go to court and the threat of serious litigation may simply send the builder running for the hills now. He does feel confident if it did go to court I would "win" but collecting on that win would be almost impossible.

This was all pro Bono so far (although we did share an expensive dinner) but he promised to spend the weekend mulling this over for a path forward. I've given him everything from my drawing package to builder contract.

Realize I'm small potatoes to this lawyer so I don't expect him to string me along for a couple hours of billable time. His last client was the state of NY as they built a 4 billion dollar bridge!

If nothing else, I hope to get some advice on how to position a settlement discussion with the builder.

Thank you so. Sorry for turning my drama into your own.
This is absolutely the best news in this thread so far, especially that the lawyer is so well qualified. You'll be in a lot more informed position on monday.
 

crasher98

ALLIANCE MEMBER
Joined
Jan 29, 2013
Messages
215
Location
NW LA
Even tho I have no relevant knowledge or experience, I can't resist throwing in my ruminations:
- consulting a top gun lawyer: excellent move. Paying for a a few hours of his time to get a clear view of the legal lay of the land, possible avenues for action, and avenues that are almost certainly a waste of time or worse - even better.
- staying the hell away from court: excellent move. Civil litigation isn't worth it if there isn't an obvious fat & deep pocket to hit, unless you're in to pyrrhic victories or spending assloads of money just to prove a point.
- talking to the contractor to try to work out a deal: excellent move. It sounds like rewinding the film so everyone can wake up and realize it was all a bad dream isn't going to happen, so time to get some cold hard compensation for your obvious damages (like your custom lift) and then get creative: if this guy can't fix what he messed up, what else can he do for you? And it doesn't have to be right now either; might not be a bad thing to have an up-and-coming high end contractor who owes you a big-time favor that you can call in on a future occasion...
- keeping things in perspective: excellent move. As infuriating as this situation no doubt is, it sounds like you've done ok for yourself and your life won't be blighted and not worth living every time you walk into your 2000 sf garage with a ceiling that's 1 ft lower than it should be. Look on the bright side - you own three classic Porsches! I don't mean to make light of the fact that you've suffered significant damages from others' incompetence, but - corny as it sounds - sometimes if you count your blessings and weigh them against your misfortunes, the misfortunes don't weigh as much as they seemed to at first.
 

goetzdd

Member
Joined
Mar 10, 2019
Messages
10
Location
CA
Agreed on no one seemingly using a tape. I'm shocked by the incompetence.

As to stacking cars, these are three old vintage race cars with some good history. I vintage race them 6-8 times a year but for the most part the increasing values of them means they sit like pieces of art. The remainder of the space is for my daily driver's and new builds.
If you race vintage porsche up there you might know my uncle up in Connecticut, he does a bit of that. Now that would be a small world (Internet?). lol
 

acer66

Well-known member
Joined
Dec 4, 2010
Messages
4,418
Location
Western North Carolina
This is where I come out. They've stopped you from achieving something that was not even a good idea. I know that's a bummer. So cope with it like, say, Winnie the Pooh or somebody that just doesn't give a rip.

Settlement all the way. And BE HAPPY.
Not so sure about the first part.
That is what he wants, has the resources to make it happen found a company that accepted the challenge and made it happen and build the lift.

What is not to like?

I do stuff like that constantly on a very very different level of course. 😛


You are absolutely right being HAPPY is the key thing.
 

mitusa

Well-known member
Joined
Dec 24, 2011
Messages
1,997
Location
SW Oklahoma
Just my $.02....if your house is built on the side of a hill, why not lower the inside of the garage and cut a foot off the front of the landscape in front of the house??

For the amount of money being spent, I would think this would be the easiest and cheapest way out of your scenario...
 

Hobby_Man22

Well-known member
Joined
Nov 16, 2020
Messages
3,581
Location
tx
Why didn't you go out there yourself and measure it? I would have. You're stuck with it the way it is. Besides most shops are 1-2ft smaller anyways when built. There dimensions are outside dimensions. 😳
 

joes169

Well-known member
Joined
Sep 19, 2011
Messages
663
Location
WI
He said he can't lower the ENTIRE floor. A couple of us proposed lowering just the small area where the lift sits.

The entire garage is sitting on bedrock. The footings are doweled into the bedrock. Blasting the same bedrock within the footprint of the garage is not an option.
 

WNYflyer

Well-known member
Joined
Sep 13, 2009
Messages
2,120
Location
Lockport, NY
The entire garage is sitting on bedrock. The footings are doweled into the bedrock. Blasting the same bedrock within the footprint of the garage is not an option.
For a small area there may be an alternate to blasting for the excavation of the rock such as drilling holes and filling the holes with expansive grout to break up/out the rock. Heck according the drawings the top of footings is supposedly 2' below the finished floor elevation so if true there is room to play with. Bet a Geotech engineer could suggest a solution.
 
To avoid these ads, REGISTER NOW!
Top Bottom