Framing underway, discovering errors (+ progress picture!)

minneapolisiteJuly 25, 2012

We walked through the partially framed house yesterday and noticed that two of the four windows in our sun room were much smaller than they should be.

The purchase agreement floorplan specifies four 42x72 windows.

The builder was supposed to send a "final floor plan" over a week ago. Last night I sent a polite-but-firm email requesting that they send it immediately. When we received it this morning, I see that they changed the floor plan to call for two 42x72 windows, and two 24x30 windows. This might seem like a small problem, but it's a SUN room. The operative word being SUN. Big windows are kind of a big deal in a sun room.

My husband sent a follow-up email requesting that they resolve this problem sooner rather than later, but we haven't heard anything back. I suspect they are going to try to get out of this and will cite that it will slow down the build because they have to order new windows (or something to that affect). Thoughts on how to handle this?

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gaonmymind

I would be very mad. Was the plan part of the contract? Ours is and we both signed it.

    Bookmark   July 25, 2012 at 11:49AM
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minneapolisite

Just heard back from the builder. They claim that the floor plan (which is part of the contract) was their default floor plan, and that any features included/excluded in the text preceeding it override the features shown on the floor plan. (There is one line in 48 pages of text that is not bolded, which apparently signifies that the windows will be short, not tall.)

At the time we came onto the scene, the house was being built as a spec home and we were warned that we couldn't change certain things (like the windows) because they had already been ordered, but we relied on the floor plan that they included in our purchase agreement for those details. I'm a little peeved, but we already have plans to renovate and add more windows once the mortgage is paid off (about 7 years) so this doesn't throw a HUGE wrench in the works, as annoying as it is.

We are going to go through the "final" plan with a fine toothed comb tonight and make sure we catch anything else that isn't too late to remedy. At that point, I think we'll know what items are battles worth fighting, and which are worth letting go.

    Bookmark   July 25, 2012 at 2:21PM
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lavender_lass

Check your fine print, to see if you were supposed to receive the final floor plan, at an earlier date. Since it differs from the purchase agreement floorplan...I would take all this to a lawyer, to see if you can do anything about this...and that you did indeed, catch any other potential problems.

Why can't you pay a few dollars, right now, for two larger windows? Why renovate in seven years? I'd want the house that is described on the purchase agreement.

    Bookmark   July 25, 2012 at 2:54PM
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worthy

If the builder is choosing the text over the floor plan, there should be a clause in the contract that in case of conflict, it is the text that is the determinant.

Your lawyer should have pointed out such clauses when you had him/her examine the contract before you signed it.

    Bookmark   July 25, 2012 at 4:05PM
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minneapolisite

lavender_lass, I actually have a J.D. but decided not to become a licensed attorney so I could be a stay at home mom to my son. :D

Great minds think alike, because we just had a follow-up conversation with the builder where they admitted that this was partially their fault. We are going to split the cost to upgrade the windows, and we feel that the bottom line is a fair number. Going to execute that change order today. :)

Now to see what other last-minute changes we come up with...

    Bookmark   July 25, 2012 at 4:06PM
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