Really frustrated with my barn builder!

[stangkid14]

I am really getting sick of my builders bs. We have a well known builder doing a large pole building on my property. The building is going up on the site of a former smaller building that was damaged by snow last winter.. We signed a contract with them in the end of October and gave them about 75% up front to help expedite this. The Contract said their tentative start date was December 8th. The salesman kept saying "get that building down so we can get started" I planned a perfect timeline as far as removing the existing building the weekend after thanksgiving so they could start in that two weeks and my equipment wouldnt be outdoors in the elements for too long.

fast forward to the first 2 weeks of february and they just finally send a crew out to dig the holes. WOW great going guys they dig the holes in 2 days and leave the site for 3 weeks. After several irate emails and letting them know I planned on having someone else do the work since they where obviously too busy for my project they finally got materials dropped off and started building and actual building.

they have made some decent progress, originally I was going to have my own crew and I put up housewrap on the building because this was planned to be done in december/january as that is my slow time of the year. Then about 2-3 weeks ago i let the salesman know that since they have taken their sweet *** time on this they would be doing the housewrap as I have no time to take a **** let alone wrap the building with tyvek.

HERE is where my blood is boiling
I get home last week and they have 70' of siding up and guess what? YEP they forgot to put the tyvek up. I have since learned from several crew member that this has become par for the course with the communication between the office and the workers.

So now for some reason they have decided they will not be removing that siding and putting the tyvek up without charging me for it.....Insead they offered to just put the tyvek up on the inside between the 4x6 posts.... that totally defeats the purpose of a air barrier... So rather then fixing their embarrassing effupp they want to charge me to take the steel down and do it right!?!?!?!?!?

 

[gregtwojeeps]

Explain 75% up front ???????????????

 

[Todd.Brock]

If it's in the contract, rip the **** off the wall and make them redo it. If it's not, then Drag the sales mans *** through the mud. Do you have any type of recourse with the remaining 25% ?

 

[stangkid14]

It wasnt in the contract. I had planned on doing the tyvek myself, but since they didnt start until after two months after agreed upon I told them they where doing it. the whole job is being paid by the insurance from the old building. The remaining money is in escrow with my bank. to be paid when complete

 

[SnowmanIII]

Name the jackass builder right here so everyone knows who they are!

 

[Hmrhead]

You don't list where you are, did winter weather have anything to do with the delay? Do you have a finish by date in the contract? Did you put your Tyvek done by them due to the delay in writing, email, etc and get a response to show they received it or did you just tell the salesman?

Does the contract say anything about changes? Do they need to be done in writing? ***** that you are not having a good build experience but not sure all the anger is going in the right direction. I would with hold the 25% as leverage but be careful of tipping them off that you are going to do that as they may walk or do 75% of the work, walk and throw a lien on the building.

Call a meeting, get the rest of the project spelled out i.e. what happens next, expected completion date, find out why the salesman didn't pass along the change to the installation crew. Be calm and reasonable, they might play ball, if you go in pissed and demanding you will lose.

Just my .02

 

[dodgejunkie]

Once they have your $ you're at their will! Never drop that cash down on promises!

 

[JerryB]

Projects that do not go according to the owner's desires are always frustrating for all involved.

First and foremost, any contractor requiring 75% payment before any work is started is really suspect. It's one thing to provide progress payments, even on a steep curve, but the requirement for 75% up front shows a potential financial weakness on the contractor's part, leaves the owner with very little leverage, and the actual builder with little to no risk and incentive.

As asked above, are the start date, progress point dates and (especially) the completion date in writing? Are there written allowances for weather and materials delays or labor problems?

And most important at the moment, was the original specification and change in who would do the weather membrane in writing? If not, you are probably on the financial hook for any leave outs or changes. If there was only a verbal input to the salesman, he probably has no legally enforceable liability in this.

To go forward, I would strongly suggest trying to defuse the impending war. Carefully examine all documents and take careful note of what is actually written down. Try calmly discussing the weather membrane with the salesman. Getting him to admit that the forgot, without digging in on liability is progress. Then, I would suggest trying to have a sit down meeting with all concerned, especially the contractor's managers, with the idea of somehow splitting the financial differences and getting some more firm schedule and completion dates.

Going to legal action over relatively small amounts, especially where the contractor already has most of the money, will at best seriously delay completion, and at worst leave you with something partially completed, poorly constructed, or both.

Good luck!!

 

[Scott r c]

I feely for ya with the whole 75% down deal your at there mercy. I gave my barn builder money for materials up front and even that was tough to do.

 

[LXCam]

Very sorry to hear you're so deep into these kinds of issues. But 75% upfront is always a disaster waiting to happen and considering where you're at this point, you're still in for a very long uphill road. Good luck and don't pay them one more single dime until you are completely satisfied.