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tooskinneejs

Builder seeks extra $$ for material included in contract

tooskinneejs
14 years ago

What would you do/how would you handle the following situation:

You have a fixed price contract with a builder for a house. The contract says the builder will provide and install 1 door from manufacturer XYZ (as selected by you, the owner). When asked to see a selection of available XYZ doors, the builder tells you verbally to get a catalog and pick a door. So you do.

Now the builder has come back to you and told you that the door you selected from the catalog (not a custom-designed door) is more than he "allowed for" in his budget and that you need to pay the difference.

To be clear, this is not an allowance item in the contract (no dollar limit specified, just says 1 XYZ door).

How would you handle this?

Comments (32)

  • gobruno
    14 years ago
    last modified: 9 years ago

    I would cite the contract and tell him that you are selecting a door in accordance with the contract. Did you specify a specific door from the manufacturer or do you have any drawings to illustrate what door you both had in mind? It sounds like there may be some ambiguity in the contract bc manufacturers make such wide ranging doors. Does it specifically say, 1 xyz door "(as selected by you, the owner)"? If so, then, he needs to supply the door you choose.

  • tooskinneejs
    Original Author
    14 years ago
    last modified: 9 years ago

    There was no discussion of the specific style of door prior to our entering into the contract.

    The contract simply says the builder will "purchase and install 1 Brand XYZ door." It does not specifically say "as selected by the owner."

    Both parties understood that the door would be selected by the owner at a later date (and there is still no dispute about that). Note also that this is a custom home (not built by a mult-house builder in a development). The only issue is whether the builder should be asking for $$ from the owner and how you all would handle this situation as the owner.

  • sue36
    14 years ago
    last modified: 9 years ago

    What matters is what is in writing. The builder could just as easily comply by installing a door from the described brand as long as it matched (in appearance and description) what is shown in the plans. If the parties meant "as selected by owner" then that should have been in the agreement. The agreement is, to use the technical term, vague.

    The question is, is this a hill you want to die on? How much money are we talking about? Is it worth potentially poisioning the relationship with the builder over a few hundred dollars?

    What is the money difference?

  • tooskinneejs
    Original Author
    14 years ago
    last modified: 9 years ago

    The amount of money in question is several hundred dollars. It's a very small percentage of the total contract amount, but it's still several hundred dollars. And what's next? If the roof cost him more in supplies than he budgeted, would it be appropriate for him to come to me and ask for more money? No way. This is, after all, a fixed price contract. And I'm sure that if the door cost less than he budgeted that he wouldn't be offering me the difference.

    Regarding the "hill I want to die on" question, couldn't the same thing be asked of the builder?

    Anyway, I'm just curious how you all would handle it.

  • jmagill_zn4
    14 years ago
    last modified: 9 years ago

    How would I handle it?

    I would be fair. Doors can range from a couple of hundred dollars to several thousand and all within the same brand.

    The problem is you did not lay out the specs at the start of the job. Does that mean you can just choose what ever you want now or that he can go with the lowest quality. No, you both need to be realistic(and we don't know who is).

    You need to talk to him and see where you are both at before you decide if he is out of line ( or you are)

  • booboo60
    14 years ago
    last modified: 9 years ago

    I agree with jmagill; there has to be a 'miscommunication' there somewhere. I'm sure if you ask him to explain you can come to some agreement.

  • sue36
    14 years ago
    last modified: 9 years ago

    If you don't pay the difference just be prepared for the builder to follow the contract *to the letter*. He will pick out the door, and anything else in the agreement that isn't specific.

    I understand what you are saying about him not wanting to make it a hill to die on either, but realize he has many more way to get back at you (so to speak) than you have to get back at him. And in the end YOU end up with the work product, not him. I call it "browning out" (as in electric brown out). Builders/suppliers/service people follow the agreement to the letter and refuse to do anymore. They stop taking your phone calls (does the agreement say he has to take your phone calls?), they don't do any extras they might do just to make you happy. They become difficult.

  • tooskinneejs
    Original Author
    14 years ago
    last modified: 9 years ago

    The other interesting factor is that the doorway was designed with a transom and 2 sidelites, but the price quote the builder got from the supplier was for the entire package (the door was not itemized separately). Therefore, I don't see how the builder would have anyway of knowing whether it was the individual door I chose that exceeded his budget or whether the cost of the sidelites and transom were the factors that he didn't properly budget for.

  • jmagill_zn4
    14 years ago
    last modified: 9 years ago

    "The other interesting factor is that the doorway was designed with a transom and 2 sidelites, but the price quote the builder got from the supplier was for the entire package (the door was not itemized separately). Therefore, I don't see how the builder would have anyway of knowing whether it was the individual door I chose that exceeded his budget or whether the cost of the sidelites and transom were the factors that he didn't properly budget for."

    Transoms and sidelights are part of the door package. That means nothing. To any builder that would be one price not separate prices.

  • sweeby
    14 years ago
    last modified: 9 years ago

    I think Sue36 laid it out very well --

    Door prices can vary widely, and it's probable that the builder used an 'upper-average' price in his bid, and that you picked the 'best' or 'prettiest' door, which is considerably more expensive. That's an easy-to-imagine scenario, and IMO, most likely what happened.

    What to do about it? Well, as Sue pointed out, the builder can make your life miserable if he feels he's being treated unfairly. That's just human nature. And if he's like most humans, he'll find a way to make up for the door-jacking (probably several times over) and it won't be worth it to you.

    The good news is that the reverse is also true -- The builder knows he left himself open here, and if you go out of your way to show him that you won't treat him unfairly -- either by paying the difference or by asking him to pre-select which doors from the catalog are allowable -- the goodwill you'll get in return will also most likely be returned in multiples.

    Concede this battle -- Win the war.

  • luckymom23
    14 years ago
    last modified: 9 years ago

    I think a front door is a pretty important design element and that your plans might help here. Do they show a specific door style? Stained wood or painted specified anywhere? Did your builder *ever* tell you what was budgeted for the door? If he has not it might be reasonable to look at the style of your home, other finish work and your overall budget and see if what he is asking is reasonable. If on the other hand he only budgeted for a very low end door - is that reasonable considering your budget, home style and other finish selections? I know our door system (with transom and sidelights) came in a price range depending on wood species, trim options, glass style etc. We could have gotten a very similar looking door from a different manufacturer for less money but we preferred the quality and detail of the brand we chose. If staying on budget is important you might shop around a bit. My larger concern would be, are there any other areas where you will have this problem again? I would go over the contract and clarify anything you have the slightest question or doubt on. I also agree with Sue and Sweeby, of course it is very dependant on your builder's personality. If there is the slightest passive agressive tendency in a person situations like these can really bring it out. Personally if I *had* to have *that* door I would likely just pay the difference with the stipulation that I wanted to know exactly what my allowances are on everything else. A fixed price contract must either have every detail spelled out or allowances set so both parties are on the same page.
    Good luck.

  • live_wire_oak
    14 years ago
    last modified: 9 years ago

    You're either going to make the builder eat the cost of the door and be miserable for the rest of the build as he 100% sticks to the letter of the contract, or you'll do the reasonable approach and talk to the guy and see if you can't come to some understanding about sharing the cost overrun on this.

    Don't cut off your nose to spite your face. And, you're being obstinate here because you're not getting the answer you wanted. This isn't a sign that your build is likely to go smoothly at all.

  • robin0919
    14 years ago
    last modified: 9 years ago

    The contract simply says the builder will "purchase and install 1 Brand XYZ door."

    If you did this, the builder is responsible. If the GC already had a price point...he shouldv'e put that in contract!

  • live_wire_oak
    14 years ago
    last modified: 9 years ago

    "The contract simply says the builder will "purchase and install 1 Brand XYZ door."
    If you did this, the builder is responsible. If the GC already had a price point...he shouldv'e put that in contract!"

    Well, if you want to say that, then the builder could have picked out the cheapest XYZ door that the company made and installed that and fulfilled the contract. The contract doesn't say "XYZ door as selected by customer ABC". It's not specific enough. (Another harbinger of problems down the road.) It should have said "Door LMNOP (or price equivalent) by company XYZ." There are probably other instances of just such vagueness in the contract that will be a problem for you rather than the builder.

    As everyone has said, if you are gonna try to stick the overrun of this door to him, then be prepared for like treatment in return. And, if this issue is cropping up because you are stretched too thin for this build, then you shouldn't be building at all without a good sized contingency fund (20-30%) for just such situations. Many many more overruns are in your future. Especially since you have allowances in your contract. Allowances are never high enough.

  • dixiedoodle
    14 years ago
    last modified: 9 years ago

    We had this exact issue with our GC on our fixed cost build. Except that in our case, we specified the door VERY clearly. We had almost half a page dedicated to the description of the front door, sidelights and transom...including manufacturer, model number, glass type, hardware and finish, locking system, threshold, jambs, etc...and he still came to us stating that the door cost more than he had "budgeted." Why his budget didn't cover the cost of the door was entirely his fault...that he didn't do enough homework before giving us a bid and signing the contract...however, this was early in our build and we ended up contributing an extra $500. (The door cost a lot more than what we thought it would cost too.) We contributed (even though we very clearly did NOT have to based on our contract)$$$ to this item because of all of the reasons listed by the posters above. Our build completely disintegrated after that into a complete mess, but at that point we were still hopeful. In your case, your contract is sooo vague that I would agree with the other posters...you should speak with him and offer to split the baby.

  • phillipeh
    14 years ago
    last modified: 9 years ago

    Take from the voice of experience: pick your battles. This is just the first battle of a long war. You need to sit down NOW, not when the job is finished, and iron out whatever kinks there are in your contract and with your builder. Builders are generally all crazy (my wife places them just below lawyers as far as sleaze factor goes), and they will screw you over if you let them. On the other hand, they can make life fairly nice, too. But it's a give and take. We have pediments above just about every window on our first floor (including the powder room and laundry room), not because we asked or even paid for them, but because we were nice to the builder and his trim guy.

    I would try to work it out with the builder. You may just need to have a civil conversation with him, maybe even split the difference in cost with him. He's in the business to make money, not provide you with a comfortable home. You are in a business relationship in order to get a comfortable home. There's 2 competing priorities and the trick is to balance them. The only thing to keep in mind is what another poster said: it's a lot easier for him to "get" you and still stay within the bounds of your contract than it is for you to "get" him.

  • sierraeast
    14 years ago
    last modified: 9 years ago

    Sometimes "going in halves" or "splitting the difference" makes a simple and easy resolution even if you feel that contributing 1/2 isnt justifiable, it can keep the peace.

  • jmagill_zn4
    14 years ago
    last modified: 9 years ago

    "I would try to work it out with the builder. You may just need to have a civil conversation with him, maybe even split the difference in cost with him. He's in the business to make money, not provide you with a comfortable home. You are in a business relationship in order to get a comfortable home. There's 2 competing priorities and the trick is to balance them. The only thing to keep in mind is what another poster said: it's a lot easier for him to "get" you and still stay within the bounds of your contract than it is for you to "get" him."

    There may be lots of "bad or crazy builders" but there are just as many great and honest builders.

    Don't prejudge yours until you sit down and talk about this. I do think he should have met with you and discussed the bill when presenting it to you but don't make his mistake and react before you have a civilized conversation.

    He may not be able to substantiate the price increase and will back down but he may have a very good reason .

    Talk to him, please.

  • jmagill_zn4
    14 years ago
    last modified: 9 years ago

    I would like to add this.

    Dealing with a good builder should never be an adversarial relationship. You should be a team.

    You need to ask a few of these questions up front and of the people they built homes for before you sign a contract.

    Ask how he deals with these kind of problems up front. If he tells you that he will eat all the costs than you know that you may either have a problem or you had better have an airtight contract.

    The builder is in this to make money but he also wants to continue to make money for years. He needs satisfied clients for that to happen.

    I always suggest that you pick out a builder at least a year before you want to build and then you get in contact with the owners of the homes he is building now. Not just those who's homes he has finished, because you may not get the the dissatisfied ones. Keep in contact with those that are building now and you will get a better view of how this builder is to deal with.

  • sweeby
    14 years ago
    last modified: 9 years ago

    There really are a lot of honest builders -- hard-working folks who really try to do the right thing. Most of them aren't lawyers, and many of the smaller builders and remodelers write their own bids/contracts that aren't even reviewed by lawyers -- so as contracts go, they're generally not the best. But as many sleazy builders as are out there, there are an equal number of sleazy homeowners who will try to take advantage of their builders.

    (I'm NOT saying or implying that you're one of them, OP.)

    What I am saying is that this builder's conduct does not necessarily indicate that he's one of the sleazy guys, and that you need to make sure that your conduct does not imply either that you're one of the 'take advantage' homeowners, OR that you think he's a sleazy builder. Trust and good faith are extremely important in this type of ongoing transaction, and you need to be sure to demonstrate both (or at least appear to) until you're sure that's no longer appropriate. Because once trust and good faith are used up, the relationship becomes all kinds of miserable...

    I'd ask him which of the XYZ doors are allowable under the regular price in the contract and go from there. I'd also ask him (and check yourself) if he knows of any other areas in the contract where you might run into this type of situation so you can handle them in advance and avoid future misunderstandings.

  • bevangel_i_h8_h0uzz
    14 years ago
    last modified: 9 years ago

    While I agree with much that other posters have already written, I would also point out that this request for more money for your door COULD be your builder's first foray to find out just how easy a "push-over" you are. In other words, if you agree to pay extra for the door, he may very well start hitting you up for such "extras" on a regular basis...especially if he low-balled your bid with the idea that he would make up the difference by nickleing and diming you throughout the build.

    While this may not be the hill you want to die on, you also don't want to allow it to be the first step down an increasingly slippery slope where you build winds up costing you thousands and thousands more than the bid you accepted.

    Even if you agree to split the additional cost of the door with your builder, IF he is sleazy, the next time around he'll just boost up the amount of additional cost he claims to be suffering so as to get you to pay however much more he want you to pay.

    Every item that will go in your home where you would be allowed (or you would EXPECT to be allowed) to make any kind of choice whatsoever is subject to becoming another dispute of this sort! If a particular item comes in different colors, styles, or finishes; is available from different manufacturers; is available at different QUALITY levels; or can be installed in more than one way (like tile being laid on the diagonal instead of straight) - and you care about ANY of those things, you could wind up in another disagreement that could wind up costing you additional money.

    Your builder could tell you that white electrical outlets cost more than ivory ones and that he only budgeted for the ivory (or vice-versa if you happen to like ivory); that antique brass door hinges cost more than the steel ones he budgeted for; that laying 18" tiles cost more than laying 12" tiles or that putting in a subway tile backsplash costs more than installing a 16" tile backsplash - or that he didn't budget for a backsplash at all; that he didn't budget for your sinks to be undermount sinks; that he only budgeted $10/sq ft for granite countertops; that he only budgeted for builder's grade light fixtures; that anything beyond a single pole in your closets is an upgrade; etc., etc., etc.

    And unfortunately the whole system seems to be almost deliberately set up to allow sleazy builders to get away with this kind of thing because it is nearly impossible for you to find out what the builder has to pay for anything and equally impossible for a novice to specify every last detail before you begin building.
    I would suggest that the first thing you need to do is go back over your contract with a fine-toothed comb looking for every place where potential selections are not specified to the nth degree. If you have an architect, get him/her to help you. Specifying details is part of what the architect should have done in the first place. Highlight a copy of your contract showing everything that needs further clarification.

    Then tell your Builder that you MAY be willing to come up with the additional money THIS TIME but that before you agree to do so, you have to make certain that this will never happen again because you have a very limited budget and selected him in part because his bid was within your budget. The two of you need to sit down and clarify your agreement so that you can be certain the the house can/will be finished within your budget.

    Make it clear that you are not seeking to renegotiate the contract - the fixed price is the fixed price - but that you need to reach clarity on exactly what is and is not included and what selections you can and cannot have for that fixed price so that you can avoid future disputes.

    (If the two of you are not able to agree on what the contract means, then it will be clear that the two of you never had a meeting of the minds in the first place and therefore never really had a valid contract. If it comes to that point then I'm afraid you are going to need a lawyer - but you might as well find that out now.)

    Bottom line is, you need to find out exactly what your builder plans/intends to provide to you for the fixed price that he bid. Then you need to decide if you what he intended to provide is close enough to what you thought you were purchasing to continue doing business with him. But DON'T say that to your builder.

    Tell your builder merely that, in the interest of having a pleasant and satisfying build, you want to iron out all such potential issues before they can become disputes. Tell him that you have looked over the contract and have noted a number of instances where there might be similar disagreements in the future. Tell him that because he is a professional with much more experience than you, you would like him to go over the contract before you meet and highlight anything that, in his professional experience, he thinks could POSSIBLY wind up resulting in him having to come to you asking for more money because you wound up choosing something more expensive than he had budgeted for.

    Be respectful and present this as seeking to AVOID any other disputes. After all, there is a good chance that he is a great builder who simply made an error on the door and really wants and believes he can build you the house you desire for the amount he bid.

    Recognize now that your builder probably will not bother going thru the contract to find potential issues. There are two possible reasons for this. One, he is a good honest builder who thinks there should be no other issues with the contract plus he is too busy to go over it. OR two, he is a sleaze and every place where the contract is unclear provides him with another opportunity to wrangle additional monies out of you so he doesn't want you to get clarity.

    But give your builder the benefit of the doubt and a reasonable length of time to look over the contract again anyway. If he actually comes to you with many of the same items marked that you have highlighted, rejoice! The door issue probably really was just a misunderstanding and he really does want to work with you without nickleing and diming you the whole build. Or, at the very least he has decided to go ahead and lay his cards on the table now.

    Sit down and go over each and every item that either of you has identified as insufficiently specified. Come to an agreement with him as to how each item will be handled AND PUT YOUR AGREEMENT IN WRITING AS AN ADDENDUM TO THE ORIGINAL CONTRACT. For each such item, you will want to either:

    1) specify EXACTLY what will be selected (manufacturer, item number, color, etc) and exactly how it will be installed (eg., hardwood to be nailed down or glued down, to be laid on the diagonal or square or in a designated pattern, width of grout lines, number of coats of paint and whether spray-on is okay or you want it brushed and backrolled, etc.)

    2) specify exactly which manufacturer(s) and/or catalog(s) you may select from and specify that that so long as you select from the specified manufacturer(s) or catalog(s), there will be no additional charges or rebates to you REGARDLESS of actual price of the item, OR

    3) agree to an allowance amount for the particular item (or class of items) but first make sure you'll be able to find SOMETHING you can live with that is within that allowance amount. The internet is a great resource for determining what is available at a particular price. Note that your contract should specify that allowences are for materials that you get to choose. Allowances should not have to stretch to cover installation costs or any installation materials that would be the same regardless of which specific item you chose. Thus, a lighting fixture allowance should only cover the cost of the fixtures and light bulbs themselves, not the wiring or electrical boxes or installation. (BTW, find out if you are expected to purchase can lights out of your lighting fixture allowance and make sure you contract says yay or nay on that.) A plumbing fixture allowance should be specified to only cover the cost of the fixtures and the valves that traditionally are boxed with such fixutures... not the water lines or drainage pipes. A tile allowance should only be to purchase the tile and maybe the grout. It should NOT have to stretch to cover mastic or floor leveling materials or hardiboard backer. These installation materials would be the same and cost the same amount regardless of tile you choose so you should not have to purchase them under you "allowance" amount.

    Where you have allowances, you agreement should specify that if you go over the allowed amount you will pay the extra but that if you spend less than the allowance amount, builder will either rebate the extra amount to you or allow you to apply the unused allowance amount to some other allowance item.

    Note also that for allowance items, the contract should allow you to go to ANY supplier you want so long as you have the item on site when it is needed - and make sure the builder is required to give you sufficient notice of when an item will be needed that you will have time to find it, order it, and have it delivered. You should not be restricted to using the builder's suppliers who may have a kick-back agreement with him. Why should you pay $69.95 to get a particular pendant light from your builder's supplier if you can purchase the exact same pendant light from the exact same manufacturer from Overstock.com for $18.95 with free shipping? Also, if you pay for an allowance item out of your pocket and supply it to Builder, Builder should pay you the allowance amount exactly as if he were paying the supplier.

    Also you will want the contract to require that for allowance items, if you go to a supplier recommended by builder with builder paying the supplier, the supplier MUST provide you with a true and correct copy of the invoice so that you know exactly how much of your allowance amount you spent. You should NOT have to make your selections blindly - not knowing how much you have spent of your allowance amount. Builders can and do "mark up" the cost of allowance items purchased from suppliers with whom they have a relationship and such kickbacks ought to be illegal but in many jurisdictions they don't seem to be.

    While specifying manufacturer and exact item number (per #1 above) is probably the best way to go, doing so can be extremely time consuming plus you can still run into difficulties if a specified item is no longer available by the time your builder is ready to get it. So, even for such precisely specified items, there needs to be a clause stipulating that if a specified model is no longer available, owner will be allowed to select a substitution of like kind, style, and quality so long as the price for the substitution is not more than the price of the original selection as of the date the addendum is signed as shown by a published price sheet from the builder's supplier.

    Chances are you will find that at least some of the selections available under your builder's original bid price aren't really quite what you had in mind. But, at least you will be able to make decisions about what you can live with and what you will want to "upgrade" and can begin budgeting for upgrades. And your builder will get a clear (but hopefully respectful) message that you are not a pushover who can be nickled and dimed to death.

    Good luck.

  • marthaelena
    14 years ago
    last modified: 9 years ago

    tooskinneejs,

    Somewhere in the contract should state that the house will be build as per drawings. You are selecting the one that looks pretty similar to the one on your drawings, right?

    This is what I'd do:

    I'd ask the builder to show me the door he had in mind when he estimated it, if it looks just as the one on the drawings and is by manufacturer XYZ, I'd be OK with it.
    If it turns out that XYZ also has a higher quality version of the same door (including T. and sidelites) and that is what I want - I'd pay the difference (but will let him know that I am on a budget and this can not happen again).
    If it is obvious that the contractor wants to install something that is not XYZ and does not look remotely like the one shown in the drawings, this will tell me that he is sleazy - and most likely he will do it again.
    I would not want to take advantage of not too clear wording to my benefit (karma - I eventually will pay) but I surely would not want the builder to take advantage of me asking for additional money every time.

    If this is the first time it happens and I know that he is a reputable builder and so far everything has been OK, most likely I'd split the difference.

    Good luck.

  • sue36
    14 years ago
    last modified: 9 years ago

    People are saying that the OP needs to make sure the builder knows "this can't happen again". I would just like to point out that the builder would be complying with the contract is HE picked out the door without the OP's input, as long as it looked like the drawing (assuming the drawings were incorporated into the contract) and was from the named brand. The OP is not, per the terms of the agreement, entitled to pick out the door. Many seem to be missing that point.

    I would go through that contract with a fine toothed comb looking for all instances of vagueness and clarify them NOW.

  • tooskinneejs
    Original Author
    14 years ago
    last modified: 9 years ago

    To all - thanks for the thoughtful advice. I have a very good relationship with the builder and so far, most of the build has gone perfectly smoothly. I plan to chat with him about this so that we can hear each other's perspectives on the cost difference. I wouldn't necessarily have a problem spliting the difference, but as someone said above, I don't want this to be the first of many of such instances.

    sue - i don't agree that "many seem to be missing that point." under you're interpretation, the builder wouldn't be entitled to pick out the door either because the contract doesn't say who picks it out. and using this same logic, it sounds like you would think it reasonable for the builder to pick my paint colors because the contract doesn't specify the party who does. and the simple fact is that the builder does not dispute that he handed us a catalog and told us to pick whichever door we wanted. this is not in question - whether we should pay an extra amount is.

    anyway, thanks for all the feedback. i really appreciate it. i'll let you know how it goes.

  • david_cary
    14 years ago
    last modified: 9 years ago

    This thread is why I don't like fixed cost builds. The only way it works is if everything is specified perfectly at the onset - which would be impossible for mere mortals.

    The other alternative is to have allowances for every choice - like $1000 for a door. That would have fixed this problems. There really are about 10,000 choices - about 1/2 of which can affect costs. Who knows before building that brick mortar color can vary in cost by $3k? Does any fixed cost contract have an allowance for brick mortar color?

    A fixed cost contract should be written with the cheapest option in every situation if the builder is a good businessman. So yes I can build a $400k house. Oh you want oil rubbed bronze hinges - cha-ching. Ditto with lever handlesets. Solid wood doors. Only the person building for a second time would know how to specify everything.

  • tooskinneejs
    Original Author
    14 years ago
    last modified: 9 years ago

    Update time: I spoke with the builder today and explained to him my recollection of our understanding on the front door. He didn't disagree, but said his budget was for a door he had showed us on another house he was building (and he recalls telling us we could have a door of similar style).

    Anyway, he offered to split the difference and I agreed. Issue resolved and both sides satisfied.

  • macv
    14 years ago
    last modified: 9 years ago

    In a building project it is important to be able recognize when you are in a contract enforcement situation or a negotiation.

    When the contract documents are poorly constructed you are unavoidably in a negotiation so you need to accept that fact, avoid the blame game, and figure out what is fair.

    I should add that when a material is not specified properly, a builder must either exclude it from the Work (in writing) or carry an allowance (in writing). In this case he chose to carry it as an allowance but apparently did not make that clear at the time. All you can fault him for is not informing you of the allowance amount or requesting a clarification. Since you can't expect a builder to price something not specified all that remains is whether you trust him to give you the true allowance amount. The goal should be to determine what you would have paid had the builder given you the allowance in the first place.

  • sue36
    14 years ago
    last modified: 9 years ago

    tooskinneejs,

    I know you won't agree with me, but in this case where the door is not specified he would be in compliance if he purchased ANY door of that brand that looked like the door in the drawings. Re: paint, if the agreement is silent as to paint colors "business practice" in construction calls for you to be entitled to one paint color in the white range, and no you would not get to pick it. If something is not specified the decision is left to the person executing the performance of the contract.

    And I know what I'm talking about, I negotiate and draft about 100 contracts a year. I say this over and over again, all that matters is what is in writing. It is called the parole evidence rule. The contract is not a summary of your agreement with the builder, it IS your agreement with the builder.

  • macv
    14 years ago
    last modified: 9 years ago

    That's a good point Sue; the most common mistake I find is that homeowners and builders treat the drawings and specifications as a rough guide to what will be built and want to hold each other to what was thought to be included.

    It reminds me of the running gag about the Pirate Code in Pirates of the Caribbean, "They're more like guidelines"

  • brickeyee
    14 years ago
    last modified: 9 years ago

    "I say this over and over again, all that matters is what is in writing. It is called the parole evidence rule. The contract is not a summary of your agreement with the builder, it IS your agreement with the builder."

    THIS.

    It is the ENTIRE agreement.

    If it is not in writing it is at the discretion of the builder.

    Changes or alterations to a contract MUST be mutual.

    If there IS a point open to interpretation in a contract, it goes against the drawer of the contract and in favor of the other party.

  • mbwaldrop
    14 years ago
    last modified: 9 years ago

    If you all haven't resolved the door issue, then SHOP the price of the door! I assume you did not specify a particular supplier and to save you both money the GC should allow you to do this. Shop the internet and other area suppliers for a better pricing on the door.