Builder quit - Now what?

12 years ago

We are building a small lakehouse and, up until today, things were fine. We had one dispute in which the builder shingled our roof when we had told him metal, but he agreed to fix that (has not yet).

Today, we called him to complain about the setbacks on the house he is building next door, which are 5 feet behind our house, when we were told it would be even with ours. This effectively removes 5 more feet of our view. DH told him he had promised us previously the houses would be even in back when he went off screaming at DH and saying some pretty nasty things. He said he was only making 'x' amount on this build and he wasn't going to put up with this s***. He hung up on DH, then called back and said he'd send his bill, not to call him, and talk to his attorney. DH attempted to calm him down but he hung up on him again.

We were stunned. As far as I can tell, he is breaching the contract, not us. We are doing electric tomorrow, and have started rough plumbing. There is no siding, no drywall, and he was supposed to finish to drywall state.

We called our bank to let them know. Of course, we can't force him to complete the contract nor, at this point, would we want to.

Who oversees the house now? Us? The bank? Does the builder get paid for the plumbing and electrical subs? Obviously, we can't use him as an intermediary so we'll have to deal with them. Why should he get his percentage?

Any advice is welcome.

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Comments (4)

User
12 years ago
Talk to the subs. Maybe one of them can help. You might be able to become the GC.

As for proving contract breach you would need a clearly written contract and evidence of the communications between you but it sounds like that might not have always been in writing.
lavender_lass
12 years ago
If you can afford it, get a new builder...and see if it's possible to add a large covered (screened?) porch to the back of your house :)
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housebuilder14
12 years ago
how can you control the size/setback for the house next door?
also - i would tell subs not to come and get a new builder
jackfre
12 years ago
You don't want to continue with this guy. He has effectively demonstrated that he is not working for your interest. It is hard enough to build with all the money, decisions and upsets that typically occur without having a person you trust doing the work. I would say this man is not trust worthy, is all ready upside-down on the job (given the cost of re-doing the roof), he knows it and wants out. He likely has experience at this type behavior where you don't. If I was you I would have my attorney call his attorney, get rid of him and move on with a smile on your face and a song in your heart. I would also put a very close eyeball on the work all ready done to ensure it is what you paid for. I'd then have a conversation about the neighboring set-back too, although if it isn't in writing you are likely in trouble there.

In my ongoing re-model I found an excellent contractor who is working by the hour, does excellent work and is in all respects a good guy. We are fortunate. You don't say how far away from the house you live. You can General it yourself, but you need that "lead man" to represent YOU. It is worth paying him. It might be worth finding that person and negotiating a bonus if the job comes in at a certain agreed on price. Change orders have to be considered.

I would be very careful with the bad guys subs and want to have a conversation with them about exactly what you are getting from them. I suspect their contract is with him. Speak with your attorney.

From your post you sound bewildered, understandably so, but at this point you have no choice but to get a grip on this. Speak with your attorney, get in touch with inspection services in your area and see where you are with them. Let the head of the Bldg Dept know what s going on and ask them if they know of anyone. Also, go to the building supply folks and make sure they have been paid off with your money. You don't want any chance of liens on your place.

This is a terrible position to be put in. Make the most of it. Good luck!