New construction issue

[CLJM]

Many times, either purposefully or unintentionally, builders are famous for not passing along the correct blueprints to the actual contractors building the home. Many times changes are scribbled on a blueprint and never make it to the the field. Builders then want the buyer to "accept" what was done---sometimes citing "code" or other reasons.

Any changes that are done to the original schematic and/or contract needs to be written, signed and dated.

The time for any changes---is before any work is started....indeed...even before the plans have been submitted to the county building department for permit. In that way...whatever is or is not agreed upon and confirmed is done before the permit is even issued. What is to be built is the plan that the permit is for---signed...stamped....approved for building.

VERY IMPORTANT----for the buyer to make sure the contactors have the correct blueprints and follow all work during the building process.

Leaving anything up to the Real Estate Agent is just foolhardy---their contribution is basically over once they bring the buyer to the seller--except to return to pick up their commission at closing.

At this point, phone calls...emails....doesn't count. If there is a problem, stop the work and go directly to the builder for solution and remedy.

 

[HomeGuru]

Many times, either purposefully or unintentionally, builders are famous for not passing along the correct blueprints to the actual contractors building the home. Many times changes are scribbled on a blueprint and never make it to the the field. Builders then want the buyer to "accept" what was done---sometimes citing "code" or other reasons.

Any changes that are done to the original schematic and/or contract needs to be written, signed and dated.

The time for any changes---is before any work is started....indeed...even before the plans have been submitted to the county building department for permit. In that way...whatever is or is not agreed upon and confirmed is done before the permit is even issued. What is to be built is the plan that the permit is for---signed...stamped....approved for building.

VERY IMPORTANT----for the buyer to make sure the contactors have the correct blueprints and follow all work during the building process.

Leaving anything up to the Real Estate Agent is just foolhardy---their contribution is basically over once they bring the buyer to the seller--except to return to pick up their commission at closing.

At this point, phone calls...emails....doesn't count. If there is a problem, stop the work and go directly to the builder for solution and remedy.

**A: and get an attorney.

 

[crumb]

I asked them to remove the outcropping for a better flow from the kitchen to the family room. On the layout they signed I put an X through those two outcroppings and wrote "Cut back to wall"

I'm not convinced the original contract was breached based on what the OP has provided. Marking through a drawing already signed by the builder does not automatically amend a previously agreed upon contract. To have a formal or legal amendment to a signed contract you have to have an acceptance by both parties and that is usually consummated by an actual written amendment with the terms of the changes signed by both parties. If the change was considered "minor" and the drawing was marked up and signed (or initialed) with dates, that may acceptable but one party unilaterally admending a previous contract is another story.

Also, based on my previous experience working for an engineering firm that did site design for a now defunct homebuilder, I often saw promises made (with good intention) by representatives of the homebuilder who did not have the authority or technical expertise to do so. When having a home built, you will typically interact with several different agents of the homebuilder and each with different roles. The selling agent can't authorize structural changes without first referring to the project manager. The project manager can't authorize changes that alter the originally specs of the signed contract without going through the selling agent. So that's why I'm skeptical there was a formalized amendment and therefore a breach of contract.

I created the exhibit and added the changes. I then sent it over to the builder who in turn signed it and sent it back. Now the items he signed to have done are not done as shown. Is that considered a breach?

 

[HomeGuru]

I created the exhibit and added the changes. I then sent it over to the builder who in turn signed it and sent it back. Now the items he signed to have done are not done as shown. Is that considered a breach?

**A: yes that's what it appears.

 

[NC Aggie]

I created the exhibit and added the changes. I then sent it over to the builder who in turn signed it and sent it back. Now the items he signed to have done are not done as shown. Is that considered a breach?

It may be, it really depends on the details of your ORIGINAL contract. Do you have a construction contract or a sales contract. Based on what you have said, I assume the latter and you basically agreed to buy the home at completion of construction, so you may have less say in any alteration anyway. In my personal opinion, I doubt your builder has breached your original contract and here's WHY:

Your original contract was based on the design and specs selected at the time you signed the contract. Some builders will allow aesthetic changes after the fact, such as paint colors, door and light fixtures, etc but I've never heard of structural changes without the proper change orders and amendments to the contract. In construction contracts, the construction drawings are part of the legal documents that make up a contract and only a professional architect/engineer can approve these drawings and only they can amend or alter them. So a certified professional would have to make changes of this type (assuming it is of a structural nature) that could then be amended to the original contract. Additionally, if these drawings were previously submitted and approved, some jurisdictions may not allow changes to the drawings without resubmitting new ones.

 

[tranquility]

There is no breach until the time of delivery. That is why I put the process of anticipatory repudiation into the mix. It is the ONLY way to start the process of the OP getting what he thought he should. If he doesn't do it now, he cannot get what he thought he should as the cost would be too great and the most a judge would allow is the difference in value between what is delivered and what the OP wanted.

Under these facts, on delivery, is there a breach?

It certainly seems so. While NC Aggie may point out some problems on *who* is in breach, it is clear someone would be. The CONTRACT for the house is not the house. Just because to actually approve the new plans would require a professional does not mean Joe the non-professional builder can't contract for something. It would be each parties duty to make sure they can complete the contract. They don't have the duty to make sure the other side can.

Since, the OP is currently out $13K for his change request and promised another $13K on delivery, I'm thinking he can complete his portion of the contract. Can the builder?

 

[NC Aggie]

Under these facts, on delivery, is there a breach?

It certainly seems so. While NC Aggie may point out some problems on *who* is in breach, it is clear someone would be. The CONTRACT for the house is not the house. Just because to actually approve the new plans would require a professional does not mean Joe the non-professional builder can't contract for something. It would be each parties duty to make sure they can complete the contract. They don't have the duty to make sure the other side can.

Since, the OP is currently out $13K for his change request and promised another $13K on delivery, I'm thinking he can complete his portion of the contract. Can the builder?

I agree with you about breach upon delivery if there is in fact a breach of contract and I am not saying the builder or agent of the builder wouldn't be in breach of *something*, whether it be a promise or new agreement. However, my point is that I don't believe there is a breach or would be a breach to the ORIGINAL contract based on the information the O.P. has provided because I don't believe the original contract has been legally amended. I view this as a *promise*, not a legal obligation.

To imply that the builder would be in breach of their (original) contract would mean they violated terms or conditions of their contract. The removal of this outcropping is not a part of the approved drawings, nor does it appear it was a condition of the original contract. At best, I think there may be concessions offered by the builder or the O.P. may actually get their outcroppings removed but I don't believe the O.P. would be able to walk away from the contract without losing their earnest money if the home builder elected not to or could not remove the outcroppings.

 

[tranquility]

I think the term you're looking for is modification. While the original contract probably had some "scope of changes" clause in it, without us seeing it we cannot guess if the contract is on top of the prior contract or a modification of it.

 

[NC Aggie]

I think the term you're looking for is modification. While the original contract probably had some "scope of changes" clause in it, without us seeing it we cannot guess if the contract is on top of the prior contract or a modification of it.

I agree with that!

 

[crumb]

I made the changes as part of my offer on the house from the beginning. In fact, they wanted to charge me $3000 extra for the changes. They justified it by calling it $1000 for finishing the stairs, $700 for countertops, $300 for kitchen redesign, and another $1000 for re-engineering. I told them I would pay $2000 for all that and we signed the contract which included the exhibit with the change I made. This is all before they started any work. Granted they already had the foundation and concrete work pour from 5 years ago.

 

[HomeGuru]

I made the changes as part of my offer on the house from the beginning. In fact, they wanted to charge me $3000 extra for the changes. They justified it by calling it $1000 for finishing the stairs, $700 for countertops, $300 for kitchen redesign, and another $1000 for re-engineering. I told them I would pay $2000 for all that and we signed the contract which included the exhibit with the change I made. This is all before they started any work. Granted they already had the foundation and concrete work pour from 5 years ago.

**A: what, five years ago?

 

[tranquility]

I made the changes as part of my offer on the house from the beginning. In fact, they wanted to charge me $3000 extra for the changes. They justified it by calling it $1000 for finishing the stairs, $700 for countertops, $300 for kitchen redesign, and another $1000 for re-engineering. I told them I would pay $2000 for all that and we signed the contract which included the exhibit with the change I made. This is all before they started any work. Granted they already had the foundation and concrete work pour from 5 years ago.

Do what I said. If they don't give the assurances you demand, get an attorney immediately.

 

[NC Aggie]

I made the changes as part of my offer on the house from the beginning. In fact, they wanted to charge me $3000 extra for the changes. They justified it by calling it $1000 for finishing the stairs, $700 for countertops, $300 for kitchen redesign, and another $1000 for re-engineering. I told them I would pay $2000 for all that and we signed the contract which included the exhibit with the change I made. This is all before they started any work. Granted they already had the foundation and concrete work pour from 5 years ago.

The more you type, the more complicated your issue sounds. So is it your assumption that the charge for "kitchen redesign" was for the removal of the outcroppings from the original design or was it the reengineering charge or all of the above? Your last post was a little confusing. Were you supposed to get these outcroppings removed, in addition to the countertops and finished stairs or was these line items just added to fudge the numbers for lending purposes?

Additionally, did you mean the foundation work was done 5 months ago or was it in fact 5 years ago? I would be concerned with the exposure the foundation has had if it's been left exposed for 5 years. The concrete itself may be okay, but I would be primarily concerned with any pipes (water, sewer) that has been exposed for a lengthy period of time.

 

[crumb]

Here is the description my Realtor gave me:
"Finish stairs with door at bottom, carpet, drywall, and paint $1000

Engineer costs to make beams safe and take out other columns $1000
(City has to approve also) This is the part that should have been done to provide me with the walls/outcroppings I wanted. As it was not, they cannot move the wall now since there is ventilation under it.

Re-design changes to kitchen, pantry, bar new drawings and plans $300

Solid Surface counter tops in all bathrooms $700"

Yes. It is 4-5 years sitting. I wasn't concerned for the concrete. I have two friends that build homes and they were not concerned with the foundation or concrete but you bring up a good point with the pipes. I will see what I can find out about the pipes.

At this point I have decided with the help of my wife who doesn't want to make waves and is fine with it that I don't need them to change what cannot be changed but would like to be compensated for what I didnt get by an upgrade or a discount. I will see what the builder is willing to do today.

 

[HomeGuru]

Here is the description my Realtor gave me:
"Finish stairs with door at bottom, carpet, drywall, and paint $1000

Engineer costs to make beams safe and take out other columns $1000
(City has to approve also) This is the part that should have been done to provide me with the walls/outcroppings I wanted. As it was not, they cannot move the wall now since there is ventilation under it.

Re-design changes to kitchen, pantry, bar new drawings and plans $300

Solid Surface counter tops in all bathrooms $700"

Yes. It is 4-5 years sitting. I wasn't concerned for the concrete. I have two friends that build homes and they were not concerned with the foundation or concrete but you bring up a good point with the pipes. I will see what I can find out about the pipes.

At this point I have decided with the help of my wife who doesn't want to make waves and is fine with it that I don't need them to change what cannot be changed but would like to be compensated for what I didnt get by an upgrade or a discount. I will see what the builder is willing to do today.

**A: good luck to you.