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houses14

Please advise to select a builder in hickory, NC !

houses14
10 years ago

Hello All !
New to the forums!

Am begging for your help please !

After agreed to the builder's proposal, I told him draw a contract and payment schedule as I will paid out-of pocket, 500k without land (I owned land).

Although, when review his written contract, he changed from 3500psi dropped to 3000psi concrete, 12' width down to 10' width for circular driveway, landmark roof (lifetime warranty) to under xt25 (25years warranty), double doors to 36" single door (he has my blueprint), 74' x 12' patio to 48' x 12' (due to basement window, is it true? ), and his withdraws are too progressive 5.5% deposit, 26% foundation, 26% framing, 20%, 13%, 9.5% final. Also, he used the term "... an unusual nature are encountered and cause a furtherance to the contractor in time or materials, he will be entitled to as equitable adjustment in the contract price, an extension of the completion date or both by change order." (which I think unfairness !!! )

When addressed those wrong, he says: please forgive me, and coming to my officefor all your questions.

Should I continue trust and go with him or pick another builder ?

Comments (12)

  • dekeoboe
    10 years ago

    What does your lawyer say?

  • User
    10 years ago

    An unusual conditions clause is standard. If he hits a spring when digging the foundation, you wouldn't expect him to have to bring in the engineer and create the water drainage system with his money, would you? Or if you have a record wet spring, you're going to be behind in all of the dirt work and framing, so the deadline would have to be extended to be reasonable. None of that is at all unusual to have to account for in a contract.

    For the specs for the build, what does your architect say about the spec sheets being changed? A builder shouldn't change them without input from the architect, or the owner. The primary reason that's likely for the changes is to meet your budget.

    Do you have a contingency fund? You will need one. Even a fixed price contract can have overages if you choose different products or go over your allowances. That's very common. A cash build is sometimes better done with the involvement of a bank (i.e. a loan) if you are a novice at building a home. The bank controls the disbursement schedule and usually at least has someone watching to make sure the landmarks are reached before doing that disbursement. Once the home is completed, you can put all of your cash down to pay down the final mortgage, but it's all there in liquid form during the build to pay for any surprises or overages.

    With the questions that you have, you need both a real estate lawyer and the involvement of a neutral third part, like your architect.

  • houses14
    Original Author
    10 years ago

    to Hollysprings: I do not have a lawyer. As I stated that I was already agreed everything in his proposal, which means if go over allowance is my later issue not now and that were not the reasons for him to change and asked me to office and execute the contract as is. Forget about the door size, what about concrete, width size??? it does not effected the plan, what they tried to do is lowering quality and quantity but charging me the same as before signed proposal. Was it called cheating?

  • houses14
    Original Author
    10 years ago

    In addition, I told him there is no rush in time. But on money, the way he was wording seems I have to pay whatever he wants if there is any unusual things incur!!!!

  • mlweaving_Marji
    10 years ago

    As Hollysprings stated, you need an attorney to review your contract, especially if you don't have a bank looking after your, and ineffect thier, interests.
    If you don't acquire the services of an attorney now and you run into problems down the road, it's all on you. Sorry, but that's true.
    Is there an architect involved? Why did the contractor decide to change the specs?

  • houses14
    Original Author
    10 years ago

    My blueprint has crawspace. And i want a basement, he says could add one without redraw. Therefore back patio must cut back little shorter for windows? Is it true? 24' are not little, And that was all he mentioned if a basement to be built, which am agreed with his price already.

    How much will lawyer cost for this kind of service?

  • User
    10 years ago

    "How much will lawyer cost for this kind of service?"

    FAR less than he will cost you when you try to sue the builder after the fact and then find out he gave you exactly what your contract stated he would. Your builder may be trying to help you here, but it's' difficult to decipher with the issues that are being described. You need to have someone who is looking out for YOUR interests. From your posts, you have a communication issue that may be exacerbated by English not being your native language. Therefore, you need all the help of professionals that you can get to get the contract right FOR YOU.

  • houses14
    Original Author
    10 years ago

    Thanks to all for your time !

  • robin0919
    10 years ago

    That's ALLOT of changes he made on his own!! That should be a red flag. I mentioned another GC here on another thread that someone was looking for a GC. I don't know if he would go that far but he might. It's only 1 hour away. Again, I have NO association with his company. I've known him for around 10 yrs.

  • houses14
    Original Author
    10 years ago

    Hello Robin,

    I was just read about your thread yesterday
    morning. Could you mind please post the builder name and phone number. Thank you!

  • robin0919
    10 years ago

    His name is Terry Robinson. Cell is 704.913.7253

  • houses14
    Original Author
    10 years ago

    Thank you!

    This post was edited by houses14 on Mon, Dec 30, 13 at 1:07