My contractor called me a "quitter."

[gto65goat]

Obviously, he's no lomger my contractor.

Most of you know the story...Maryland home owner "Deneid."

When I got notification from the Appeals Courst that my Appeal was denied, I told my contractor I wanted to move forward, and do as what the appeals panel ruled...knock down the knee-wall...4'3".

My contractor asked me to Appeal again.

I said I'm through with all the BS, and I want to move forward.
I could not see another 6 months to hear what I've already heard twice before.

He called me a "quitter." (In an e-mail)

At first I was taken back...but I repied to him..."don't concern yourself any further...you are no longer involved in the project.

I have another builder, who I am familiar with coming out Tuesday to look the job over.

Basically, I'll be asking them to take off the roof sheathing.
Cut the Rafters from the 30' long beam.
Knock out the Knee-wall
Reposition the Beam, and Rafters.
Add new roof sheathing. (I would imagine when removing the present sheathing from the roof...it'll be destryed.

Due to Hearings and Appeals, this project has been delayed since August 21, 2007.

If only I had stuck to my original plans of a 16' tall garage all this would be behind me.
I foolishly let my contractor talk me into building taller for much more attic space, and ease of moving around in that attic.

My greed cost me.

John

 

[700jfm]

It sounds like your (con)tractor fired himself with that Email. Maybe small clams court, if not for the money at least for what he put you through.

 

[mtwaterguy]

I wouldn't be concerned with his opinion. He's just trying to get you to do all the dirty work to fix the problem he suggested in the first place. Sounds like it's time to move on.

 

[gto65goat]

700jfm - exactly

mtwaterguy - You're right...its time to move on, and I have.

 

[wrigh003]

What a punk. I guess he doesn't want to deal with fixing it, which means the only quitter here is him.

As ever, sorry you're having to go through this. Chalk it up to experience (if you're like me, that column is getting where it has a few tallies in it...) and go on. Hopefully some of the pain will ease when you can use your new building for what it was intended for, instead of having to fight tooth and nail just to get it built.

 

[bmwpower]

You might want to get something in writing out to him that says "he's no longer part of the project". He may still think he is involved. And without something in writing specifically stating he's fired, etc., things can get more confusing...my 2 cents.

 

[Uncle Buck]

You might want to get something in writing out to him that says "he's no longer part of the project". He may still think he is involved. And without something in writing specifically stating he's fired, etc., things can get more confusing...my 2 cents.

Yes, a very wise move indeed!

 

[Junkman]

You might have fired him from the job, but you best look over the contract that you have with him. He might be entitled to money even though he doesn't finish the job. This is the first time that you mentioned that it was the contractor that came up with the idea of the higher building. You might have recourse against him, since he is the professional that should have known the rules and regulations. It might be best to seek legal counsel before going forward, since he is still the builder of record on the permits. This has been such a convoluted situation, who knows what else can go wrong.

 

[700jfm]

Junkman might have something there. He was probable hopeful that it would not get denied so he would be off the hook, now he might be on the hook.

 

[boiler7904]

Definitely want to check the cancellation procedure outlined in your contract. Have your attorney review it and all pertinent facts about your case. Depending on laws in Maryland, you may be responsible to paying the entire base contract fee plus any approved change orders for all work completed and materials purchased.

Permits can usually be transferred from one contractor to another if all of the local requirements are met with the building department.

 

[bluesman2a]

Sorry to hear that, I understand your situation. Look back through my concrete pad and wall threads, if you don't believe me. I fired my fair share of people. Sometimes it's worth it just to have it DONE and move on. Sometimes closure in and of itself is a worthy goal.

Based on my own experience, I would recommend the following:

1) go to the building office, and have the permits transferred from the current builder to yourself or the new builder. Do this before he can close them out (then you would have to go through it all AGAIN for a new permit). Get his name off of them.

2) determine what your "close out process" is based on your contract... Good advice above on this one.

3) before you turn him loose or pay him off, make SURE you get your old builder to sign a lien waver form. Essentially it says he did the following <insert scope> and in return for that you paid him $XXXXX.00's. In return for that money, you are to be held harmless in case any of HIS suppliers or subcontractors want to put a lien on your property.

 

[67 455 Bird ragtop]

3) before you turn him loose or pay him off, make SURE you get your old builder to sign a lien waver form. Essentially it says he did the following <insert scope> and in return for that you paid him $XXXXX.00's. In return for that money, you are to be held harmless in case any of HIS suppliers or subcontractors want to put a lien on your property.

Here in Florida only the SUPPLIER can fully and legally release you from any leans. Just because the contractor signs something that says he paid or will hold you harmless. It's up to the supplier, who is owed the $$$, to release you from any leans. So be careful in this area also. Get a list of ALL of his suppliers and get a release from them.

 

[700jfm]

Be carefull what you say on here your contractor could be one of us.

 

[Worsedog]

Here in Florida only the SUPPLIER can fully and legally release you from any leans. Just because the contractor signs something that says he paid or will hold you harmless. It's up to the supplier, who is owed the $$$, to release you from any leans. So be careful in this area also. Get a list of ALL of his suppliers and get a release from them.

Exactly, I saw once a contractors crew damaged some trusses and they had to be remade. The contractor never paid for them and the truss company got a lien against the home owner.

 

[rsanter]

I guess he is right
you are a quitter....
however that is your right to quit the fight if that is what you feel is in your best interest.

while he is correct (technically) in his statement, he does not have the right to judge you for making a decision that will be in your best interest.

bob

 

[htweelz]

Sorry you had to go threw all of that but at least you'll still get your garage. You gotta pick your battles. Like you said it is not likely they will change their mind. Enjoy it knowing you did all you could do.

 

[Cobra5150]

Be carefull what you say on here your contractor could be one of us.

That would be good, then he would know eactly how wee feel!

 

[700jfm]

That would be good, then he would know eactly how wee feel!

Or what you'r up too so he could [counter] To act in oppsition, to hinder or defeat. (Check'mate) IMO.

 

[gto65goat]

There is no legal contract.
My contractor wanted one, but I told him this was a "be paid as you go along"
type of deal.

That way I could control my costs a bit, and be able to work things in as they could be afforded.

I can not deny...what work he did was done very well...no complaints here.

But to call me a quitter after I've already been down that road twice, and lost both the Variance Hearing & the Appeal Hearing...I told him it was time to move forward, and he totally disagreed with me.

I gave him 2 days to think it over...the outcome was we agreed to disagree, and as I told him..."i'm moving in another direction, and will no longer require your efforts."

I've since had two contractors to my home...looking over the project, and expect their quotes by noon Saturday, June 7, 2008.

John

 

[Blue Seducer]

What has become of this situation? update....

 

[stricht8]

I don't feel that you should be taking this out on your contractor. He probably didn't mean to insult you but was probably just as angry with the Town and more importantly your neighbors. I would take out all your anger on your rotten neighbors. Keep a close eye on them and visit the town every once in a while and check to see if they have pulled any permits. Think about appealing what you can. You also might want to check the files on there houses. You never know what you will find. Keep on them like a hawk. Anytime you suspect work is being done without a permit look into it. If you see a plumbers or electricians truck in there driveway, ask the town if they pulled a permit. There is almost no work that a plumber or electrician can do without one. Scour your zoning ordinance and see if they have violated it in any way. Don't ask me why I'm so bitter.

 

[PAToyota]

I don't feel that you should be taking this out on your contractor. He probably didn't mean to insult you but was probably just as angry with the Town and more importantly your neighbors.

If you read the story, the contractor was the one who suggested raising the roof - leading to all the problems and all the delays. Yes, the neighbors seem like real PITAs, but once you've been through two hearings and how many months of delay (?) when do you just move on instead of continuing a fight that doesn't seem to be getting you anywhere?

 

[stricht8]

I'm not suggesting that he continue via an appeals process. I'm only suggesting that he give his neighbors a dose of their own medicine. If he keeps a close enough eye on them he will eventually find a violation. There is nothing like sweet revenge. Sure the contractor may of made a mistake but the town made the ultimate mistake in approving the plan erroneously. I agree that fighting the town is probably futile. The neighbors on the other had are being malicious. A 4' height difference is not going to make any difference in the appearance of his house and is certainly not going to negatively impact the neighbors property values in any way. This is pure unecessary malice.

If you read the story, the contractor was the one who suggested raising the roof - leading to all the problems and all the delays. Yes, the neighbors seem like real PITAs, but once you've been through two hearings and how many months of delay (?) when do you just move on instead of continuing a fight that doesn't seem to be getting you anywhere?

 

[PAToyota]

Personally, I have better, more productive things to do with my life than to be vindictive towards my neighbors. Better to move on, not let it eat at you, and enjoy the good things in life.

 

[stricht8]

I agree with you on all these points. The problem is that I and the gentleman in question have been wronged by our neighbors. When emotions and principles are involved we don't always do what is rational. That's were a nice legal vindictive approach is in order.

Personally, I have better, more productive things to do with my life than to be vindictive towards my neighbors. Better to move on, not let it eat at you, and enjoy the good things in life.

 

[PAToyota]

Not trying to argue with you. Believe me, I've been "wronged" by people myself. But, as I said, I have better things to do with my life than be bitter about it.

 

[gto65goat]

An Update concerning the Garage

The Planning & Permits dept. here in Anne Arundel County of Maryland has stated in the local newspaper that they made only "one" mistake last year, and that mistake was permitting my too tall garage plans, and then rescinding 9 days later.

This has fueled a lot of peoples disbelief in the P&P dept...to the point that our County Delegate has called for a special townhouse meeting to discuss the issues with ALL who have been wronged by P&P the last year or so.

This should be interesting. If it proves out that I'm not the only "mistake" P&P has made this year...then I would think they have some tall explaining to do considering the way they went about having the local newspaper present their "findings."

Looking forward to it on July 25, 2008.

PAToyota - Certainly appreciate your thoughts. You're right on the issues.

Thank you,

John

 

[PAToyota]

John,

Good luck with the town meeting.

As I said, I respect you for deciding to move on with it. However, if it can be proven that they have a history of screwing things up I would think that they owe you something for all the time and trouble you went through due to their mistake. Heck, even if it is the only mistake they ever made I'd say that they owed you something.

 

[jay50]

I don't feel that you should be taking this out on your contractor. He probably didn't mean to insult you but was probably just as angry with the Town and more importantly your neighbors. I would take out all your anger on your rotten neighbors.

Keep a close eye on them and visit the town every once in a while and check to see if they have pulled any permits. Think about appealing what you can. You also might want to check the files on there houses. You never know what you will find. Keep on them like a hawk. Anytime you suspect work is being done without a permit look into it. If you see a plumbers or electricians truck in there driveway, ask the town if they pulled a permit. There is almost no work that a plumber or electrician can do without one. Scour your zoning ordinance and see if they have violated it in any way. Don't ask me why I'm so bitter

.

You are pure evil....and very correct on this...
What goes around comes around....

 

[blkhonda1991]

An Update concerning the Garage

The Planning & Permits dept. here in Anne Arundel County of Maryland has stated in the local newspaper that they made only "one" mistake last year, and that mistake was permitting my too tall garage plans, and then rescinding 9 days later.

This has fueled a lot of peoples disbelief in the P&P dept...to the point that our County Delegate has called for a special townhouse meeting to discuss the issues with ALL who have been wronged by P&P the last year or so.

This should be interesting. If it proves out that I'm not the only "mistake" P&P has made this year...then I would think they have some tall explaining to do considering the way they went about having the local newspaper present their "findings."

Looking forward to it on July 25, 2008.

PAToyota - Certainly appreciate your thoughts. You're right on the issues.

Thank you,

John

wow...i see that comment coming back to bite them in the ***

 

[Vinko]

Definitely want to check the cancellation procedure outlined in your contract. Have your attorney review it and all pertinent facts about your case. Depending on laws in Maryland, you may be responsible to paying the entire base contract fee plus any approved change orders for all work completed and materials purchased.

Permits can usually be transferred from one contractor to another if all of the local requirements are met with the building department.

I'd also consider reporting him to the state, as I assume Maryland licenses contractors the way California does.

 

[67 455 Bird ragtop]

So, what hapened at the July 25th townhall meeting ???