New construction issue

[crumb]

What is the name of your state (only U.S. law)? UT

I am building a new home. I have signed all the papers stating that I will buy it when it is complete. I have put down $13,000 for half the upgrades and earnest money.

Here is where the concern is... I made changes to the home layout and they signed off on the changes. One change I made would require them to frame the support beam differently from the original design. Since this was all done before framing was started and things were signed I felt good that this would all get done correctly. Well I have gone to the home while it has been in the framing process and noticed they did the support beam incorrectly and now I am worried. I have notified my real estate agent of the issue and other issues and she assures me this will be taken care of, but I am not so sure it can be moved at this point.

If this beam is indeed not moveable and they refuse to redo it, what are my options? If I cannot live without it correct can I get my money back?

 

[tranquility]

You must immediately send a letter to the builder stating why you think they are in breach of the contract and ask them to give you assurances they will complete the contract as worded within 10 days.

If they don't respond with assurances, you can claim they are in breach of the contract and sue them.

You need to do it immediately, now when the error can be changed without completely overwhelming the contracts cost, or the court may eventually say you suffered no damages.

 

[crumb]

I emailed the builder's rep and they said they will cut it back as far as they can but these are used for supporting the beam above and cannot be removed. I don't think they will be willing to move it. I really dont want to get a lawyer involved but I will write up the document and send it to them and see what happens.

 

[crumb]

I have been sending emails back and forth with my real estate agent and she completely disagrees with this letter and she wont help me write it. Why is she so against it? I think I have a crappy agent.

 

[tranquility]

Wow. I said (emphasis mine):

You must immediately send a letter to the builder stating why you think they are in breach of the contract and ask them to give you assurances they will complete the contract as worded within 10 days.

emails mean nothing.

Google:

"anticipatory breach" Utah

for more.

 

[LdiJ]

I emailed the builder's rep and they said they will cut it back as far as they can but these are used for supporting the beam above and cannot be removed. I don't think they will be willing to move it. I really dont want to get a lawyer involved but I will write up the document and send it to them and see what happens.

You want them to move a structural beam? What was your reason for this?

If its a structual beam they could not move it even if they wanted to move it.

 

[crumb]

In the original layout of the kitchen and the adjacent family room they had an outcropping short 12 inch or more wall on each side separating the two rooms. 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"
Looking at the framing so far shows they didnt remove the outcroppings and the support beam above is too short to do anything else. If they truly wanted to honor the design they should have put in a longer beam to reach the walls on each side of the family room. It would have only been maybe 2 feet longer.

 

[NC Aggie]

In the original layout of the kitchen and the adjacent family room they had an outcropping short 12 inch or more wall on each side separating the two rooms. 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"
Looking at the framing so far shows they didnt remove the outcroppings and the support beam above is too short to do anything else. If they truly wanted to honor the design they should have put in a longer beam to reach the walls on each side of the family room. It would have only been maybe 2 feet longer.

Were these outcroppings support members (load bearing)? If they provide structural support for walls or above flooring in any way then your builders may not have the discretion to remove them. Even if they agreed to make this change, they can't compromise the structural integrity of the house for aesthetics.

 

[tranquility]

Even if they agreed to make this change, they can't compromise the structural integrity of the house for aesthetics.

It is a very bad business practice to contract to do things you can't do. If you fail, it's called a breach.

I don't know if that happened here as the facts get a bit fuzzy very fast. But, I gave the OP the only way to get what he wants.

However, the OP has to act fast. The case in contracts which offended me, but caused me to look only at the law and not what I think is fair, can be found at:
Jacob & Young, Inc. v. Kent - Wikipedia, the free encyclopedia

I suspect that if the OP does not act immediately, that will be the best resolution he can hope for.

 

[NC Aggie]

It is a very bad business practice to contract to do things you can't do. If you fail, it's called a breach.

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.

 

[You Are Guilty]

While I in no way disagree with the proper remedy suggested here, I do have a problem claiming that two "x"s on building plans constitute a binding contract change. What if, instead of X's, the OP drew a three car garage? Or a nice water feature? Or a replica of the statue of David?

Absent some more facts, the builder is not automatically obligated to cut out the portions of the marked beam.


Ps. I love Cohoes pipe myself.

 

[tranquility]

How's that Roldex watch working out for you?

 

[HomeGuru]

How's that Roldex watch working out for you?

**A: what's a Roldex watch?

 

[You Are Guilty]

Like a Fauxlex (Folex?), but more expensive.

 

[tranquility]

Some might say they're the same, but I think the Roldex is FAR superior.

I asked for Roldex, I put "Roldex" in the contract and told the guy I would not be able to show my face at the cotillion if I had on a watch with any other name. Yet, the guy signed the contract and handed me the Fauxlex.

Since it was easy to take it off my wrist and hand it back, there was no problem with there being considered a substantial and material breach of contract. If it were implanted into the alarm system of the house? The result might be different.

(The above is for those who have not had to read the case some time in the past.)