Recourse when builder changes finishes without notifying is

7 years ago

It looks like our builder had an issue with the manufacturer they are using for all the stairs in our complex OR there was a coding issue so they changed the stairs. The models we toured and photos we picked the stair style from had open riser metal stairs. Its nice and open and modern. Saw someone post a picture of their finished home on social media and the open risers all have extra bars underneath. Everything else about the stairs looks the same. It really looks busy and blocks the sight lines more. There's been no heads up or explanation that a change was going to be made. I know builders are allowed to switch options when things run out, are discontinued etc and replace with a 'comparable' product....but what does that really mean? Kinda the same? They don't have to consult us? Is there any recourse in this situation? I would've paid them more for a higher grade level stair option if they had told me this change would've been happening, now I think its too late and the order to the manufacturer has already been placed. This builder has already put forth the attitude that if we don't like their product we can walk. We've considered it, however we've waited this long and according to our realtor will have decent equity right off the bat so we'd prefer walking the last last resort.

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PRO

Virgil Carter Fine Art

7 years ago

last modified: 7 years ago

What's the situation? Is this a truly custom designed and constructed house, with a contract containing a Change Order clause? Or is this a tract or builder's house, which you don't own until he turns it over to you at Substantial Completion?

The situation is very different depening on the answer.

Said differently:...is this the hill on which you want to fight and die...?

Or, can you fall back and regroup to advance with different tactics?

Always pick your batttles and your tactics wisely.

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Comments (7)

PRO
Jeffrey R. Grenz, General Contractor
7 years ago
Buying a new home is different than having a custom built.

Its a take it or leave it decision.

The builder had to modify the concept to meet code. This is their decision while they own it.

It would have been great for them to present it to you differently, but that didn't happen.
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BT
7 years ago
" and according to our realtor will have decent equity right off the bat "

Your realtor is working on builder commision ... If you walk away they get nothing. ... so his/hers advice could be off.

Makes the difference If the builder is a big production TollBrothers or small company. But always negotiate. No one here would know to what extent they will be willing to go to make it right.
homechef59
7 years ago
Before you die on this hill, make certain that the changes aren't required by code. From your description it sounds as if there may be a code element to the change.
User
7 years ago
last modified: 7 years ago
Entirely open risers are not permitted by any U.S. building code of which I am aware. Its a simple issue of safety for the young and the old. The typical requirement is to add something under the treads to limit the opening to 4".

Incidentally, this is not a "finish"; its a highly regulated structure that is part of the egress path in your house.
Kirsten E.
7 years ago
It seems like you’re operating based on two pretty big assumptions: 1) that there’s been a change in your unit based on someone else’s unit on Facebook and 2) that the materials have been ordered. Before weighing your options, you might want to get a more accurate lay of the land. Maybe the Facebook user preferred it that way, or maybe it’s not too late to change. But if this builder is so difficult that you’re too wary to even ask those questions, I’d walk now regardless of the answer to avoid the inevitable stress that will come down the line. Good luck!
carrierebekah
Original Author
7 years ago
They finally responded to me, it is a change for everyone with that style stair for code . Pretty sure the order is in because they did contact us for our upgrades deposit & said that wss the last day for free modifications. This was a semi-custom build by a small local builder. My issue is that it appears we would've just walked in after they were installed and seen then with no notification or explanation. Could we have detected a different style stair if they had just kept us informed of the change? Instead of bars could we have paid more just to cover the backs entirely? To me that would've looked better. Obviously plenty of people have open risers, they just modify them after closing. This solution of welding bars to the metal stairs vs finding a modifiable or more aesthetically pleasing solution makes no sense to me. Sigh. We've waited two years this home and have downsized to a small apartment waiting for closing, supposedly late February however April is the contact deadline so we expect to wait that long. Hoping to get a second opinion about the equity we may get out of it and confirm its a good investment. If so we may just eat this. Thanks for your input.