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national barn strikes again

Joined
Oct 21, 2013
Messages
16
Need your alls opinion. Take a look at the attached photos and tell me if you think this is a good barn. Lol. National barn north east built it. The sub was a joke. Take a look at the framing around the gabel vents. Sub claims that was the best he could do because the scioor truss is in the way. I get that but the gaps and the shortly work is a joke. Plus the majoruty of the side panels don't tuck up under the j chanannel under my over hangs. Best part is they left the dutch corners off my garage door opening and didn't give me a heavy duty entry door. Sub wouldn't leave till I gave him a check. I did just to get him to leave but then imediatly cancelled it. Am I being to ****? Is this normal construction for pole barns?
Do you all think they will actually replace all these panels? Or will they want to just caulk them.
 

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OP
B
Joined
Oct 21, 2013
Messages
16
Yep. I just how they don't try to put a lien on me. But contract states they have to build it with the specs which they didn't. Left stuff off. anyone have any photos of what trim around vents should look like? Do I need to get a lawyer just in case?
 

Plow Man

Member
Joined
Mar 15, 2012
Messages
24
Location
North, New Jersey
I would not pay untill it is all fixed,and I sugest a different Sub to take down metal and replace and do it right.
I also would call a lawyer and fill him in.
 

bop_pa

Well-known member
Joined
Jan 24, 2009
Messages
419
I hope you didn't make a mistake writing a check then immediately canceling it, as that could be looked at as fraud. If you did not like the work you should have refused to pay until, it was settled. Sounds like the contractor was sub par. I just hope your actions don't negatively effect your ability to resolve the core issue.

Also on your pics I would like to see a close up and a pic a little further away to see the entire scope for comparison. Hard to tell what parts those are at such a close angle.
 
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Junkman

Well-known member
Joined
Dec 18, 2006
Messages
6,626
Location
Northeastern CT
Giving a check, and then canceling it can be considered fraud. I would have just told the contractor that I wasn't satisfied with the job, and I wasn't giving him a dime until it was fixed to my satisfaction. If he wouldn't leave, then I would have dialed 911, and the leo that responded would have told him to hit the road. I couldn't ever understand how a contractor could intimidate a home owner to paying for shoddy work.
 

Skeetobite

Well-known member
Joined
Feb 8, 2014
Messages
706
Location
SE, MI
Not an attorney but pretty certain that your social media posts are discover-able if fraud becomes a question. i.e.; your post here explaining the situation and asking for guidance. You were intimidated into making payment to get the guy to leave your property. Pretty clear to me and any other reasonable person.

Be sure you leave the guy a voice mail message (preferably tonight) indicating that you have stopped payment and that he has "X" days to finish the work to your satisfaction. This way he doesn't pay his workers using a bad check and then come back on you for the bounced checks. Just be straight with him and stand firm.
 
OP
B
Joined
Oct 21, 2013
Messages
16
OK, so it sounds like I made a mistake with the check. However I did notify national barn prior to doing it. What should I do next? Should I pay them now on good faith they will come back and fix it and prevent the whole fraud thing? I guess the main thing saving me is they didn't live up to the contract with the entry door and dutch corners. therefore they should have never been paid. What should I do? I have told them I will pay as soon as the work is fixed. They said they will fix it. Also when I say cancel check they placed a hold on it. I told them I have no problem paying once its fixed. I cancelled the check east wed after not hearing from national barn after several calls etc. Seemed like they only wanted to talk after they tried to cash my check.
 

Skeetobite

Well-known member
Joined
Feb 8, 2014
Messages
706
Location
SE, MI
Sounds like you bought the building from National Barn. They are responsible for the work performed by their "Subs". If it was my building, I would tell them you want a National Barn rep to visit the site and to send out a different sub-contractor to redo and finish the work.

As for good faith, that is what you already gave them with your order. They need to deliver precisely what you ordered. I would also send a certified letter - return receipt (tomorrow) indicating your position on the matter and informing them that you plan to withhold payment until the building is finished as ordered and as promised. Simple stuff and nothing to lose sleep over. Don't go on and on in your letter; Stay factual, explain the problems, include pictures and state your demands before making final payment arrangements.
 
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OP
B
Joined
Oct 21, 2013
Messages
16
Skeeto, thanks. I was planning to do just that with the letter. Its a real shame. I really had high hopes for this building. I will steer clear next time of companies that use subs like this to do their work.
 

Skeetobite

Well-known member
Joined
Feb 8, 2014
Messages
706
Location
SE, MI
My pleasure. Remember though, don't let stuff like this get you down about the excitement of the new digs! It will be remedied sooner or later.

About 10 years ago I built a house in Florida that ran over the construction schedule by almost 6 months because of foolishness like this. I allowed it to steal my joy in building the new place. Looking back, my only regret was allowing it to wear on me when I should have been celebrating.
 
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Stuart in MN

Well-known member
Joined
Sep 8, 2005
Messages
23,083
Location
Minneapolis
If he was a subcontractor he should be getting paid by the general contractor, not asking the customer for payment directly.
 

readhead

Well-known member
Joined
Dec 8, 2012
Messages
6,177
Location
Durango, Co.
You knowingly wrote a bad check. You are not in a good position here. I presume your contract was with National. Call National tomorrow and agree on the payment to be made to the erector. Withholding all his money for some detail problems is unreasonable. Determine an amount to hold back for rework including material.
This should easy to resolve. Suggest to National that they send someone else to survey the extent of the rework. Be aware that it would be prudent for National to send somebody else but they are not obligated to. Be calm if the same guy comes back.
 

nehog

Well-known member
Joined
Jan 2, 2010
Messages
7,935
Location
Jaffrey, NH
... Sub wouldn't leave till I gave him a check. I did just to get him to leave but then imediatly cancelled it. ...

For the record, at least in New Hampshire, this can trigger criminal prosecution. Falls under the fraud statutes, IIRC, but the justifications for stopping payment on a check are very limited, and 'getting the sub to leave' is not one of them.

IMHO, the work is substandard, you need to talk to the contractor. The fact the sub came to you for payment is not typical--subs are (should be) paid by the general contractor/company and you pay them.

When that check bounces, I would not want to be around! :shocking:
 
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METALMOVER

Well-known member
Joined
Feb 14, 2014
Messages
75
Location
Omaha Nebraska
I agree with readhead, hold back a certain amount Id say 20 percent, also make sure you tell them dont send out a guy with 10 tubes of caulk to "fix" it. Get pictures of how it should be and pay when its to your satisfaction. Goodluck.... METALMOVER
 

texasfiremedic

Well-known member
Joined
Oct 5, 2013
Messages
396
Location
Canton. TX
Well, It looks like they did not know what they doing. Framing the door is not that hard. They missed the opening size and tried to readjust the opening. Then did a bad job at that. The one sheet that sis not line up with the rest. That could of been the readjustment sheet to make it run straight again. One little kick 1/16" in a sheet 8 sheets back will be a 1/2 out. I wold like to see a pic the other way and a broader pic. The pic 755 and 435 I can't tell to close to see what you are talking about. I can see a gap. I would like to see more of it. Would I say what i see is right by no means. The sheet being kicked up or down can't tell would like to see more of it. I have built several and I would not have left it like that but I have more pride in my work. I love that they used shears instead of a nibbler to make cuts. You use shears on parallel runs not lateral runs on panel. They looked dull to.

Oh and by the way I hope you ordered u-panel not r-panel. Because that is u-panel.

Just my two cents.
 
OP
B
Joined
Oct 21, 2013
Messages
16
OK. I settled a plan with NBC. I with held 20% and already paid the other since the structure and the majority of the work was done correctly. Also I had 14 days to make payment so the fraud thing didn't come into play. The owner was quick to work with me plus I kept him the loop prior to cancelling the check so it wasn't a surprise. My intentions for cancelling was to give them a reduced payment. The check was for NBC and the sub was acting as a middle man. I learned a lot from this. Next time I am only paying NBC directly after I go over everything thoroughly. Also they are sending a different crew this time and replacing all of the lower zbar, correct door and doing my dutch corners. NBC might already now they had troubles with this sub. I will post a positive review once this is all corrected. Shame it happened this way. Can't wait to enjoy the shop. Thanks all for the negative and positive comments.
 

bop_pa

Well-known member
Joined
Jan 24, 2009
Messages
419
So can you give us update. I assume this has been resolved by now( I hope) and would love to see how they corrected, with pics.
 
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