Software
Houzz Logo Print
als6w

Day 2: More Issues!

17 years ago

Ok. I realize maybe I should have known some of this stuff ahead of time but honestly, I expected my contractor to know it.

If you saw my other thread about the load bearing wall you know we resolved that issue. But once we did - a flag went up for me: don't we need a permit for this?

The answer is YES, yes we do. And my contractor didn't bring up the issue AT ALL. I had to call the county permit office to find out that even if it were just a non load bearing wall we would have needed a permit. We also, as it turns out, need a permit to move plumbing AND to replace the gas stove.

Did my contractor mention any of this? NO!

I am seriously beside myself and not sure where to go from here.

Comments (13)

  • 17 years ago

    These are NOT in any particular order but are thoughts I have after reading only this post..have not seen the other one.
    1) after going through 2 remodels I have learned that I need to know everything and assume the GC knows nothing...that of course isn't true nor is it possible but it kept me on my toes and made me research everything over and over and always be available when workers were present.

    2) I got references and visited previous jobs that both GC's had completed as well as my carpenter. I had verbal positive responses from "friends" as to how great these people were and what a great job they did for my "friends". Well some things were good and some weren't. So much for verbal affirmation from "friends". Every job is different.

    3) It would be a very good idea for you and your spouse or SO or someone else to back you up, to sit down NOW and find out just what this GC is thinking and get some strong + responses from him that he knows what he is doing. Have you got written contracts etc? I never did and ultimately didn't need them but from what I have read on this forum there are many who have had some really sad outcomes w/o contracts and then even with them. Good Luck...I sure wouldn't proceed another minute with this person until things were better understood.

  • 17 years ago

    WOW. That is big. He started work without a permit? What is his explanation? I assume there was nothing in the contract about whose job it was to pull the permit -- this is an issue he should have raised. How much of the total contract have you paid to date? Not sure he can even continue until the permit is pulled -- did you ask when you called? Still, try to move past the shock of it all . . . and this is pretty shocking . . . how do YOU want to proceed at this point? Decide what you want and how you will get there. Sounds like it's time for a sit-down.

  • 17 years ago

    Are you using a licensed contractor? A licensed contractor has certain legal requirements to meet in order to maintain his license. From what you have posted to this point, your contractor may not be following the rules set by your state. If this is the case, you could report this to the state board. Not only does your contractor have to be licensed, but the electricians and plumbers on your project should have their own license. Your project is extensive enough that you should have a licensed contractor who follows the law.

  • 17 years ago

    als, do you have a written contract with him?

  • 17 years ago

    That was my response to your previous post: what happened with the permitting process?

    Knowing that this contractor was willing to proceed (1) without a permit (and not even talking to you about it when I suspect that you share some if not total liability for not having a permit as it's your house (I seem to recall reading this)); (2) demolition of a wall without having consulted with a structural engineer; and (3) ordering cabinets in advance of knowing anything about that wall...I would be seriously considering ceasing this relationship.

    The lack of a permit probably puts you in the driver's seat with regard to termination of the contract.

  • 17 years ago

    als6w, I feel your pain. I don't know where you are or what jurisdiction you're in, but most places require a permit whenever electrical and plumbing is being done. Some localities require demolition permits as well. Most contracts I work on require the contractor to comply with local laws and pull permits, and if they don't, the contractor may try and say that's your responsibility as the homeowner. The municipality could shut you down until you do, and may not approve your plans absent modification (plus a higher permit charge due to failure to pull permits is likely). I hate to beat the "see a lawyer drum", but it might be money well spent at this point, particularly if you're considering pulling the plug on this guy.

  • 17 years ago

    This is troubling. Every contractor that I've talked to, about the kitchen and a previous bathroom remodel, knew about and discussed the permit. Of the 2 I'm working with now, one charges a small "service fee" to get the permits, but treats the permits as a separate charge. The other includes it in the overall price. Where I live, I need 3 permits - totalling b/n 1K and 1.2K.

    I'd be very leary of continuing to deal with this guy if he didn't ensure that permits were in place.

  • 17 years ago

    Our city is very difficult with planning and permits. They have some very strict regulations about what you can/can't do that neighbouring cities don't have. I know some people that for small jobs won't get permits for that reason, and some contractors that say " you can get a permit if you want, but you don't have to, it's up to you if you want that hassle." A kitchen remodel is a big job though, removing a load bearing wall is a huge undertaking, and I would want to make sure it was done to building code. You've already started, so your city could make things difficult for you, put a "stop work" order in place, fine you for starting without a permit. I still think it's worth getting it though, as if they find out - and they just have to drive by to see all the workers trucks - you could face harsher penalties. We had our window sashes removed/stripped back and repainted and a city employee stopped by to check as they though we were replacing windows, and you need a permit for that.

  • 17 years ago

    We must live in the same place, canicci. sigh.

  • 17 years ago

    Hmm, well I had a similar experience (asked the contractor if he or I were to get the permits), and he told me that it was not necessarily required. I had a load bearing wall taken out, and gas moved, and of course electrical done. He told me that some jobs require it, but ours was in the gray area. His uncle is the building inspector, though, and his electrician is on the planning board, so I am thinking he gets some leeway with the town.

    He's licensed, his workers are licensed, I wasn't worried at all about the fact that they would be working to code. DH is a licensed electrician, so I knew he would be able to spot anything that seemed not right.

    Just for a different perspective . . .

  • 17 years ago

    There are many reasons to get a permit, and municipal bylaws are just one. Think about your insurance as well. How are you going to prove that things were done to code if - God forbid - you have a flood/fire/tornado/vandalism, whatever ?? Could be a problem on resale too if you're changing the floorplan at all. Survey may not match the structure.

    My suggestion would be to get a third party to supervise this GC you're working with, if you are not able to replace him.

  • 17 years ago

    Oh dear als6w,

    I wish I had words of wisdom for you.
    Other GWers will have great advice.
    I can only say I am so sorry you are going through this.
    I do remember your load bearing wall issues.
    This entire ordeal must be so frustrating.

    Sending cyber wishes for good luck your way.
    ~boxerpups

  • 17 years ago

    First....sit down with this guy and make sure he is licensed, bonded and insured. If something goes wrong (ceiling falls down, wiring causes fire, pipes flood, etc), HIS insurance has to cover it. It's very likely that if you got an unlicensed contractor to do your work and something bad happened, your insurance would not cover you. If he is unlicensed, send him on his way now.

    Second....It's HIS responsibility to pull the permits and to arrange for inspections. Inspections are needed, especially since there is a load bearing wall in involved. Again...this is for your protection. I suspect he has no license and that's the reason he didn't bother with a permit. If he tells you to go get the permit, kick him to the curb. If you get the permit, you are responsible for anything that goes wrong.

    Two days and two problems does not speak very highly of this guy. Cut your losses and kick him to the curb right now.