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Just as things started to look up (pic)....

ehoops
16 years ago

I've posted our saga before. We've been in a trailer 20 months trying to build our house. Contractor walked, left subs unpaid, etc... Due to contractor change and current economy, bank made us jump through major hoops to keep the funding coming. Town where we live put a stop work on our house due to numerous correction notices not been addressed by former contractor. Major problem being former contractor poured foundation concrete before structural engineer visually reviewed and signed of that appropriate amount of steel rebar was there. Therefore SE wouldn't sign off, had to drill steel plates on the external walls of the interior foundation to satisfy SE to sign off.

So, after 7 months of that, the good news was that the bank finally gave us a draw 2 weeks ago. The steel work was completed Monday and we were all excited to get the rough plumbing/electrical inspection this week. The contractor called for the inspections and was told that there are still problems. The Demo Permit expired (Demo was done in Jan 2007, contractor never had it signed off). They may have to re-issue the permit and we may have to pay the fees again. Not a huge deal but again more time and money. Then we find out that the garage (detached with own permit) has only had one inspection (the cement floor which I called for after the former contractor was no longer on the job). The foundation, framing, roof nailing, etc.... was never inspected. We're waiting to see how the Town decides to handle it but we were told they could force us to tear it down. I don't think it will come to this but with the way things have gone with this house, you never know...

Finally, we had sub contractors that were hired by the former contractor to do the soffiting under the eaves. They did the soffiting up to the point they had to stop so they didn't cover up any electrical for inspection and were paid 6,000 for the work completed. That was way back when former contractor was on the job. Current contractor called for a meeting with them 2 weeks ago to get a new bid for the remainder of the porch/trim work. They showed him a contract they had with the former contractor and it was much higher than the other bids the current contractor got. They also said they were owed money. Current contractor checked with former contrator who said they were paid up and not owed any money. They became very upset and basically tried to blackmail us by saying we either hired them or paid them 7,000 and then we could hire anyone we want to. They started to show up on the property to pressure me, finally had to call the police. Contractor and I had big heated meeting with them a few weeks ago and told them to stay off the property, there was no way they would be hired to complete the porch work and they were not getting any additional money. Yesterday I received a letter via certified mail from them (not an attorney) saying that they will file a lien if we don't pay them 7,000 in 15 days. Wouldn't be a huge deal because we truly don't think they have a leg to stand on but.... Our bank is now requiring a copy of title before every draw and if there are ANY liens on the property, they won't pay. So, our contractor got 2 bids this morning for the soffiting work that has been done. One was 2,800 and the other was 3,400. So esentially the original subs were already paid 6,000 and now are demanding an ADDITIONAL 7,000 for a job that should have only cost us between 2-4,000. Time to get the attorney involved AGAIN. My husband and I keep asking, "Will it ever stop????"

Picture of soffiting

Comments (11)

  • tinker_2006
    16 years ago
    last modified: 9 years ago

    Just wanted to say how sorry I am for you! This should be a 'somewhat' fun time, but you are enduring a NIGHTMARE! It will pass... and someday you will forget it! Our first house we built (20 years ago) was also a nightmare. I was far into my pregnancy and had to deal with the builder going bankrupt and leaving us holding the bag. It is very much like childbirth - as some labor and complications are far more difficult then others (had one of them too!) It will someday become a distant memory - and you might go on to have more children or build another house! We never did have any more children, but we are building our 4th house!

    Blessings and best wishing!

  • sue36
    16 years ago
    last modified: 9 years ago

    You need to research the lien laws in your state. Where I am if a sub had not worked on a job for 90 days (I'm pretty sure that's the time period, I haven't read the statute in awhile) they can't fine a lien. That is why, where I am, it is important that once you are in a dispute you don't let them back - it restarts the clock.

    Good luck. I hope it works out for you. I would get a third written bid for the soffiting, just in case you have to go to court. And make sure the materials and venting requirements match what was in the original contract.

  • bdpeck-charlotte
    16 years ago
    last modified: 9 years ago

    I'm sorry to hear that this is still dragging on for you. And I hope the town's inspectors help work out a way to make sure everything is safe without tearing the garage down.

    I do have a question about your soffit though. What type of contractors do you look at for that work? Siding Contractors? Framers? Trim Carpenters? We're doing brick veneer, so we don't have contact with any siding people yet.

  • jaymielo
    16 years ago
    last modified: 9 years ago

    bdpeck, I believe that our soffits were done during by the framing crew.

    ehoops, I'm so sorry this is still dragging on for you. I keep thinking you are through the worst of it and then you get "hit" again. It must be a nightmare. Please let us know how everything turns out.

    Jaymie

  • ehoops
    Original Author
    16 years ago
    last modified: 9 years ago

    Thanks for the kind thoughts everyone. I can't wait for the day when I can post fun pictures of floors, cabinets, etc. Until then thanks for enduring my long miserable posts. I just needed to vent yesterday.
    Charlotte- we had trim carpenters do the soffiting they were also going to do all the trim work on the porch including decking, ceiling and posts (we have a lot of posts).
    We haven't heard back from the Town inspectors yet to see how they'll handle the garage. I'll update when we find out. :)

  • robin0919
    16 years ago
    last modified: 9 years ago

    bepeck......anyone who installs vinyl usually installs the 'boxing' in for soffits.

  • vfish
    16 years ago
    last modified: 9 years ago

    bepeck, I am sooooo sorry for your plight. We went thru (*&*( before it was all over, can honestly say I would never do it again. But....when I sit here in my beautiful home, just the way I wanted it, dreamed of it, I think, oh how wonderful it is. Unfortunately, you have to go thru these idiots to get it finished. How low do you go, right? Hang in there, it will eventually get finished, I feel your pain, I am so sorry!
    V

  • brutuses
    16 years ago
    last modified: 9 years ago

    I'm so sorry you have to go through this. It's so unnecessary what people will put you through. I hope this gets settled quickly, for your sake.

  • amberley
    16 years ago
    last modified: 9 years ago

    Wow- your situation seems a lot worse than mine ehoops. Why are these people able to get away with this??? And you know it isn't the first time....

    Although our situation is only a single floor of a house, it is still potentially ruinous for us financially if we are unable to recover the funds to fix it. I really don;t know how we are going to overcome it.

    Best of luck- I hope that you eventually, can be happy in your new home.

    Mike Holmes from Holmes on Homes needs to come stateside more often. Maybe we could tempt him with the balmy weather (compared to Canada).....

  • jenellecal
    16 years ago
    last modified: 9 years ago

    Check the laws for filing liens in your state. In California the sub-contractor has to give the property owner notification that HE CAN file a lien within 20 days of the job starting. If that time frame has passed then he can't legally file a lien. Also if someone does file a lien against the property (at least in Cali) then they have to perfect that lien within 90 days for it to be legal. That would require going to court to actually place the lien. You may be OK here. Check the laws ;-)

  • ehoops
    Original Author
    16 years ago
    last modified: 9 years ago

    Thanks again for everyones kind thoughts and words.
    As Jenellecal mentioned there are lien laws in California that if not followed correctly afford the sub contractor no rights to lien. So last week I wrote our problem subs a very detailed letter referencing California Civil Codes pertaining to sub contractors and lien rights. I reminded them that they NEVER filed a 20 day pre-lien, therefore they had no rights to place a lien on or property. I also mentioned that if they did place a lien and it was considered "false" (which it would be with no pre-lien), we would have to have an attorney expunge the false lien from our records and would have recourse to go after the claimants for up to $2,000 in legal fee compensation. We haven't heard from them. Hopefully, they got the message.